Summary - San Gabriel, California
Transcript of Summary - San Gabriel, California
STAFF REPORT Fire Department
DATE January 7 2014
TO Steven A Preston City Manager
FROM James Frawley Interim Fire Chief
PREPARED BY Richard C Beckman Division Chief PshySUBJECT Purchase ofNew Fire Engine
Summary
The San Gabriel Fire Department requests City Council authorization for the purchase of a 2014 Fire Engine in accordance with our fire apparatus replacement plan This purchase was approved in the FY20132014 budget This vehicle will cost $586955
Background
The San Gabriel Fire Department utilizes 2 front line engines for responses to all calls in the city These vehicles travel approximately 6156 miles and operate for 593 hours each year Each engine covers approximately 1200 emergency responses
In 2001 the Fire Department proposed a replacement plan for fire engines that provides their front line use for 12 years with a 6 year life in reserve This life expectancy is slightly above the industry standard of 7-10 years in front line service followed by 5 years in reserve The purchase of this 2014 -fire engine will place our 2002 Pierce Quantum in reserve on our schedule of 12 years
The reason this schedule exists is to
bull Reduce breakdowns which interrupt emergency services bull Reduce repair costs of older apparatus bull Provide for safer vehicles bull Increase fuel efficiency bull Reduce emissions bull Provide current technology for our firefighters to use
Analysis
The Fire Department reactivated its Apparatus Committee made up of officers engineers and firefighters who developed a list ofneeds in a new apparatus They met with several manufacturers and evaluated the products of each against these needs The apparatus committee also considered initial cost operating cost interdepartmental standardization and regional standardization
The result of this process is that the Apparatus Committee is recommending the purchase ofa 2014 Pierce Quantum Triple Combination 1500 GPM Pumper This vehicle not only met the needs analysis most completely but it also provides fleet standardization as both our front line engines and our USampR apparatus are Pierce Quantum models This fleet standardization provides for increased efficiency in purchasing of common replacement parts and increased performance efficiency by our firefighters through brand familiarity
This brand and model also makes up the majority of the Fire Apparatus in the Area c agencies which participate in the Unified Response agreement The increased performance efficiency would be realized by other agencies that operate with us on large incidents
Fiscal Impact
Fire apparatus manufacturing costs seem to increase constantly The current apparatus will meet most all of the needs assessed by the Apparatus Committee but some of the extra items were pared down from the final list to keep costs as low as possible Even with this paring down the cost of the apparatus is slightly higher that presented at budget approval The final cost of this vehicle is $586955 This figure includes tax performance bond and California tire fee
This figure is $36955 above the budgeted amount of $550000 It is requested that this difference be taken from the Apparatus Replacement Fund This pricing includes a 371 reduction in cost if we pre-pay for the vehicle prior to construction Using this option we will still have inspection points during construction to ensure that our specifications are being met We will also have the ability to conduct a final acceptance inspection to ensure the vehicle completely satisfies our order
Recommendation
Staff recommends that the City Council waive compliance with the formal purchasing policy and approve the purchase of a 2014 Pierce Quantum Triple Combination Pumper at the cost of $586955 from Pierce Manufacturing Inc of Appleton Wisconsin as a sole source provider Further staff recommends the increase of the Fire Engine Capital Outlay Budget by $36955 (Account 122-761-37-99-302) which will allow for the city to take advantage of the prepayment discount
PROPOSAL FOR FURNISHING FIRE APPARATUS
October 7 2013
San Gabriel Fire Department 1303 S Del Mar Ave
PERFORM LIKE No OTHERSan Gabriel CA 91776
The undersigned is prepared to manufacture for you upon an order being placed by you for final acceptance by Pierce Manfacturing Inc at its corporate office in Appleton Wisconsin the apparatus and equipment herein named and for the following prices
Each Extension One ( 1 )
Quantum Triple Combination 1500 9pm Pumper
$ 55762717 $ 55762717 Sales Tax 9000 $ 5003589 $ 5003589 APPARATUS COST WITH TAX $ 60766306 $ 60766306 Performance Bond $ 167288 $ 167288 California Tire Fee $ 1050= [$ 1050 TOTAL PURCHASE PRICE $ 60934644 $ 60934644
PLEASE NOTE THE FOLLOWING ABOUT THIS QUOTA TION Payment options are available and are included under separate cover One of these options may save your department a significant amount of money
Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached delays due to strikes war or international conflict failures to obtain chassis materials or other causes beyond our control not preventing within about 240 CALENDAR DAYS after receipt of this order and the acceptance thereof at our office in Appleton Wisconsin and to be delivered to you at South Coast Fire Equipment
The specifications herein contained shall form a part of the final contract and are subject to changes desired by the purchaser provided such alterations are interlined prior to the acceptance by the company of the order to purchase and provided such alterations do not materially affect the cost of the construction of the apparatus
The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid and with all National Fire Protection Association (NFPA) guidelines for Automotive Fire Apparatus as published at time of bid except as modified by customer specifications Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth above Unless accepted within 30 days from date the right is reserved to withdraw this proposition
Respectfully Submitted (t ManUfaClurin_9_ln_c__-shy
Adrian Beyer Sales Representative
San Gabriel Fire Department 100 Pre-Payment Option
October 72013
If a 100 pre-payment were made at contract signing the following discount would be applied to the final invoice
Quantum Triple Combination 1500 gpm Pumper
$ 55762717 EACH 100 Prepayment Discount $ (2068100) EACH APPARATUS COST $ 53694617 EACH State Sales Tax 9000 $ 4832516 EACH Performance Bond $ 167288 EACH California Tire Fee $ 1050 EACH TOTAL PURCHASE PRICE $ 58695500 EACH Less 100 pre-payment at Contract Signing $ 58695500 EACH BALANCE DUE AT DELIVERY $000 EACH
I 100 PRE-PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS a) If your department makes a 100 cash pre-payment at contract signing b) If your department signs up for a lease-purchase with Oshkosh Capital This
would require no money down and no payments for one (1) year if desired
Discount for the 100 pre-payment option includes discounts for the chassis interest aerial (if applicable) and flooring charges
Any item added after this option is elected will come at additional cost and will be added to the final invoice
PERFORM LIKE NO CTIiER
This Purchase Agreement (together with all attachments referenced herein the Agreement) made and entered into by and between Pierce Manufacturing Inc a Wisconsin corporation (Pierce) and the City of San Gabriel a California city (Customer) is effective as of the date specified in Section 3 hereof
1 Definitions a Product means the fire apparatus and any associated equipment manufactured or furnished for the Customer by
Pierce pursuant to the Specifications b Specifications means the general specifications technical specifications training and testing requirements for the
Product contained in the Pierce Proposal for the Product prepared in response to the Customers request for proposal c Pierce ProposaP means the proposal provided by Pierce attached as Exhibit C prepared in response to the
Customers request for proposaL d Delivery means the date Pierce is prepared to make physical possession ofthe Product available to the Customer e Acceptance The Customer shall have fifteen (15) calendar days of Delivery to inspect the Product for substantial
conformance with the material Specifications unless Pierce receives a Notice of Defect within fifteen (15) calendar days of Delivery the Product will be deemed to be in conformance with the Specifications and accepted by the Customer
2 Purpose This Agreement sets forth the terms and conditions ofPierces sale of the Product to the Customer
3 Term of Agreement This Agreement will become effective on the date it is signed and approved by Pierces authorized representative pursuant to Section 22 hereof (Effective Date) and unless earlier terminated pursuant to the terms of this Agreement it will terminate upon the Customers Acceptance and payment in full of the Purchase Price
4 Purchase and Payment The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of $58695500 (Purchase Price) Prices are in US funds
5 Future Changes Various state or federal regulatory agencies (eg NFPA DOT EPA) may require changes to the Specifications andor the Product and in any such event any resulting cost increases incurred to comply therewith will be added to the Purchase Price to be paid by the Customer In addition any future drive train upgrades (engine transmission axles etc) or any other specification changes have not been calculated into our annual increases and will be provided at additional cost To the extent practicable Pierce will document and itemize any such price increases for the Customer
6 Agreement Changes The Customer may request that Pierce incorporate a change to the Products or the Specifications for the Products by delivering a change order to Pierce provided however that any such change order must be in writing and include a description of the proposed change sufficient to permit Pierce to evaluate the feasibility of such change (Change Order) Within [seven (7) business days] of receipt of a Change Order Pierce will inform the Customer in writing of the feasibility of the Change Order the earliest possible implementation date for the Change Order of any increase or decrease in the Purchase Price resulting from such Change Order and of any effect on production scheduling or Delivery resulting from such Change Order Pierce sha11 not be liable to the Customer for any delay in performance or Delivery arising from any such Change Order A Change Order is only effective when counter-signed by Pierces authorized representative
7 CancellationlTermination In the event this Agreement is cancelled or terminated by a party before completion Pierce may charge a cancellation fee The following charge schedule based on costs incurred may be applied (a) 10 of the Purchase Price after order is accepted and entered by Pierce (b) 20 of the Purchase Price after completion of approval drawings and (c) 30 of the Purchase Price upon any material requisition The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing Pierce endeavors to mitigate any such costs through the sale of such Product to another purchaser however Customer shall remain liable for the difference between the Purchase Price and if applicable the sale price obtained by Pierce upon sale of the Product to another purchaser plus any costs incurred by Pierce to conduct any such sale
8 Delivery Inspection and Acceptance (a) Delivery Delivery of the Product is scheduled to be within 240-270 days of the Effective Date of this Agreement FOB San Gabriel CA Risk of loss shall pass to Customer upon Delivery (b) Inspection and Acceptance Upon Delivery Customer shall have fifteen (15) days within which to inspect the Product for substantial conformance to the material Specifications and in the event of substantial non-conformance to the material Specifications to
QSD 1398 Revised 091102010
furnish Pierce with written notice sufficient to permit Pierce to evaluate such non-conformance (Notice of Defect) Any Product not in substantial conformance to material Specifications shall be remedied by Pierce within thirty (30) days from the Notice of Defect In the event Pierce does not receive a Notice of Defect within fifteen (15) days of Delivery Product will be deemed to be in conformance with Specifications and Accepted by Customer
9 Notice Any required or permitted notices hereunder must be given in writing at the address of each party set forth below or to such other address as either party may substitute by written notice to the other in the manner contemplated herein by one of the following methods hand delivery registered express or certified mail return receipt requested postage prepaid or nationally-recognized private express courier
Pierce Manufacturing Inc Customer Director ofOrder Management City of San Gabriel 2600 American Drive 425 S Mission Drive Appleton WI 54912 Fax (920) 832-3080
San Gabriel CA 91776 Fax (626) 458-2830
QSD 1398 2 Revised 091102010
10 Standard Warranty Any applicable Pierce warranties are attached hereto as Exhibit B and made a part hereof Any additional warranties must be expressly approved in writing by Pierces authorized representative
a Disclaimer OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT NEITHER PIERCE ITS PARENT COMPANY AFFILIATES SUBSIDIARIES LICENSORS OR SUPPLIERS THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AGENTS OR REPRESENTATIVES MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT WHETHER ORAL OR WRITTEN EXPRESS IMPLIED OR STATUTORY WITHOUT LIMITING THE FOREGOING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY THE IMPLIED WARRANTY AGAINST INFRINGEMENT AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES
b Exclusions of Incidental and Consequential Damages In no event shall Pierce be liable for consequential incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this Agreement or the breach thereof regardless of whether such damages arise out of breach of warranty tort contract strict liability statutory liability indemnity whether resulting from non-delivery or from Pierces own negligence or otherwise
I L Insurance Pierce maintains the following limits of insurance with a carrieres) rated A- or better by AM Best Commercial General Liability Insurance
ProductsCompleted Operations Aggregate $1000000 Each Occurrence $1000000
UmbrellaExcess Liability Insurance Aggregate $25000000 Each Occurrence $25000000
The Customer may request (x) Pierce to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above (y) to be included as an additional insured for Commercial General Liability (subject to the terms and conditions of the applicable Pierce insurance policy) and (z) all policies to provide a 30 day notice of cancellation to the named insured
12 Indemnity The Customer shall indemnify defend and hold harmless Pierce its officers employees dealers agents or subcontractors from any and all claims costs judgments liability loss damage attorneys fees or expenses of any kind or nature whatsoever (including but without limitation personal injury and death) to all property and persons caused by resulting from arising out of or occurring in connection with the Customers purchase installation or use of goods sold or supplied by Pierce which are not caused by the sole negligence ofPierce
13 Force Majeure Pierce shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Pierces control which make Pierces performance impracticable including but not limited to civil wars insurrections strikes riots fires storms floods other acts of nature explosions earthquakes accidents any act of government delays in transportation inability to obtain necessary labor supplies or manufacturing facilities allocation regulations or orders affecting materials equipment facilities or completed products failure to obtain any required license or certificates acts of God or the public enemy or terrorism failure of transportation epidemics quarantine restrictions failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation slowdown or interruption ofwork
14 Default The occurrence of one or more of the following shall constitute a default under this Agreement (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement (b) Pierce fails to perform any of its obligations under this Agreement (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect (e) the Customer dissolves merges consolidates or transfers a substantial portion of its property to another entity or (1) the Customer is in default or has breached any other contract or agreement with Pierce
IS Manufacturers Statement of Origin It is agreed that the manufacturers statement of origin (MSO) for the Product covered by this Agreement shall remain in the possession of Pierce until the entire Purchase Price has been paid If more than one Product is covered by this Agreement then the MSO for each individual Product shall remain in the possession of Pierce
QSD 1398 3 Revised 091102010
until the Purchase Price for that Product has been paid in full In case of any default in payment Pierce may take full possession of the Product and any payments that have been made shall be applied as payment for the use of the Product up to the date oftaking possession
16 Independent Contractors The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner employee agent or joint venturer of or with the other
17 Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval ofthe other party
18 Governing Law Jurisdiction Without regard to any conflict of laws provisions this Agreement is to be governed by and under the laws of the state of Wisconsin
19 Facsimile Signatures The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures
20 Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product Additional or different terms proposed by the Customer shall not be applicable unless accepted in writing by Pierces authorized representative No change in modification of or revision of this Agreement shall be valid unless in writing and signed by Pierces authorized representative
21 Conflict In the event of a conflict between the Customer Specifications and the Pierce Proposal the Pierce Proposal shall control In the event there is a conflict between the Pierce Proposal and this Agreement the Pierce Proposal shall control
22 Signatures This Agreement is not effective unless and until it is approved signed and dated by Pierce Manufacturing Inc s authorized representative
Accepted and agreed to
PIERCE MANUFACTURING INC CUSTOMER CITY OF SAN GABRIEL
Title
Date
4 Revised 0911 02010QSD 1398
EXHIBIT A
PURCHASE DETAIL FORM Pierce Manufacturing Inc
Director ofOrder Management 2600 American Drive Appleton WI 54912 Fax (920) 832-3080
Date October in 2013
Customer Name City ofSan Gabriel Fire Department
Quantity Chassis Type Body Type Price per Unit 1 Quantum Triple Combination
Pumper $58695500
$ $ $ $
Price includes 9 sales tax and 100 prepayment discount of$2068 100
Warranty Period Pierce one year standard umrrnt_____________________
Training Requirements Customer Orientation upon delivery
Other Matters ~1Q~Damp~QlliillOO~~_____________________
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any Pierce available options including chassis models Any addition or deletion may affect the unit price
Payment Terms 100 Prepayment required to exercise the Pre-Payment Discount Prepayment shall be due within 10 days of invoicing from Pierce Manufacturing 100 performance bond will be provided before payment is due If pre-payment option is not exercised the contract amount would equal $60934600
[NOTE If deferred payment ammgements are required the Customer must make such fmancial ammgements through a financial institution acceptable to Pierce] All taxes excises and levies that Pierce may be required to payor collect by reason of any present or future law or by any governmental authority based upon the sale purchase delivery storage processing use consumption or tmnsportation of the Product sold by Pierce to the Customer shall be for the account of the Customer and shall be added to the Purchase Price All delivery prices or prices with freight allowance are based upon prevailing freight rates and in the event ofany increase or decrease in such rates the prices on all unshipped Prnduct will be increased or decreased accordingly Delinquent payments shall be subject to a carrying charge of 15 percent per month or such lesser amount pennitted by law Pierce will not be required to accept payment other than as set fOlth in this Agreement However to avoid a late charge assessment in the event of a dispute caused by a substantial nonconfonnance with matCilal Specifications (other than freight) the Customer may withhold up to five pClCent (5) of the PUIChase Price until such time that Pierce substantially remedies the nonconfonnance with material Specifications but no longer than sixty (60) days after Delivery If the disputed amount is the freight charge the Customer may withhold only the amount of the freight charge until the dispute is settled but no longer than sixty (60) days aftCi Delivery Pierce shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by PielCe or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products In the event of nonpay111Cllt by the Customer of any debt obligation or liability now or hereafter incurred or owing by the CustomCi to Pierce Pierce shall have and may exercise all rights and remedies of a secured party under Atucle 9 of the Vnifonn Conunercial Code (VCC) as adopted by the state of Wisconsin
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF October 7 2013 BETWEEN PIERCE MANUFACTURING INC AND City of San Gabriel WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN AND MADE PART OF TillS
QSD 1398 5 Revised 091 020 10
PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY PIERCE MANUFACTURING INC HEREIN
6QSD 1398
Cily nrSan Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 1011413)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budgeted 2001middot02 2002middot03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-2010 2010-2011 2011middot2012 2012middot2013 2013-2014
Fund Balance Beginning 0 188603 258603 259570 111420 5256 -22470 82530 187530 232530 399035 508035 462845
Revenues Establish Account 100000 0 0 0 0 0 0 0 0 0 0 0 0 Annual Contribution 88603 70000 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
General Fund Loan 200249 217232 0 0 0 0 0 0 0 0 0 0 0 Sub-total 388852 287232 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
Expenditures General Fund Loan Repayment 0 0 0 0 35000 35000 35000 35000 35000 35000 35000 35000 35000
2002 Pierce Engine 178294 180699 0 0 0 0 0 0 0 0 0 0 0 Fire Rescue Tools 21955 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 25101 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 11431 0 0 0 0 0 0 0 0 0 0 0 Mobile Data Equipment 0 0 89033 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 238150 211164 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 0 0 132726 0 0 0 0 0 158190 12801 2014 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 586955 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 200249 217232 89033 238150 246164 167726 35000 35000 35000 35000 35000 193190 634756
Fund Balance Ending 188603 258603 259570 111420 5256 (22470) 82530 187530 232530 399035 508035 462845 (7911)
Notes 2003middot05 Midmiddot Term Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation of a new Fire Engine ($350000)
LAIF Annual Yields 2001middot02 =3445 2002-03 =2152 2003middot04 15322004-05 =22562005middot06 38732006-07 51212007-08 = 4325 2008-09 22242009middot10 2010middot11 0495 2011middot12 = 3822012middot3 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow XT) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of $397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651
Analysis
The Fire Department reactivated its Apparatus Committee made up of officers engineers and firefighters who developed a list ofneeds in a new apparatus They met with several manufacturers and evaluated the products of each against these needs The apparatus committee also considered initial cost operating cost interdepartmental standardization and regional standardization
The result of this process is that the Apparatus Committee is recommending the purchase ofa 2014 Pierce Quantum Triple Combination 1500 GPM Pumper This vehicle not only met the needs analysis most completely but it also provides fleet standardization as both our front line engines and our USampR apparatus are Pierce Quantum models This fleet standardization provides for increased efficiency in purchasing of common replacement parts and increased performance efficiency by our firefighters through brand familiarity
This brand and model also makes up the majority of the Fire Apparatus in the Area c agencies which participate in the Unified Response agreement The increased performance efficiency would be realized by other agencies that operate with us on large incidents
Fiscal Impact
Fire apparatus manufacturing costs seem to increase constantly The current apparatus will meet most all of the needs assessed by the Apparatus Committee but some of the extra items were pared down from the final list to keep costs as low as possible Even with this paring down the cost of the apparatus is slightly higher that presented at budget approval The final cost of this vehicle is $586955 This figure includes tax performance bond and California tire fee
This figure is $36955 above the budgeted amount of $550000 It is requested that this difference be taken from the Apparatus Replacement Fund This pricing includes a 371 reduction in cost if we pre-pay for the vehicle prior to construction Using this option we will still have inspection points during construction to ensure that our specifications are being met We will also have the ability to conduct a final acceptance inspection to ensure the vehicle completely satisfies our order
Recommendation
Staff recommends that the City Council waive compliance with the formal purchasing policy and approve the purchase of a 2014 Pierce Quantum Triple Combination Pumper at the cost of $586955 from Pierce Manufacturing Inc of Appleton Wisconsin as a sole source provider Further staff recommends the increase of the Fire Engine Capital Outlay Budget by $36955 (Account 122-761-37-99-302) which will allow for the city to take advantage of the prepayment discount
PROPOSAL FOR FURNISHING FIRE APPARATUS
October 7 2013
San Gabriel Fire Department 1303 S Del Mar Ave
PERFORM LIKE No OTHERSan Gabriel CA 91776
The undersigned is prepared to manufacture for you upon an order being placed by you for final acceptance by Pierce Manfacturing Inc at its corporate office in Appleton Wisconsin the apparatus and equipment herein named and for the following prices
Each Extension One ( 1 )
Quantum Triple Combination 1500 9pm Pumper
$ 55762717 $ 55762717 Sales Tax 9000 $ 5003589 $ 5003589 APPARATUS COST WITH TAX $ 60766306 $ 60766306 Performance Bond $ 167288 $ 167288 California Tire Fee $ 1050= [$ 1050 TOTAL PURCHASE PRICE $ 60934644 $ 60934644
PLEASE NOTE THE FOLLOWING ABOUT THIS QUOTA TION Payment options are available and are included under separate cover One of these options may save your department a significant amount of money
Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached delays due to strikes war or international conflict failures to obtain chassis materials or other causes beyond our control not preventing within about 240 CALENDAR DAYS after receipt of this order and the acceptance thereof at our office in Appleton Wisconsin and to be delivered to you at South Coast Fire Equipment
The specifications herein contained shall form a part of the final contract and are subject to changes desired by the purchaser provided such alterations are interlined prior to the acceptance by the company of the order to purchase and provided such alterations do not materially affect the cost of the construction of the apparatus
The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid and with all National Fire Protection Association (NFPA) guidelines for Automotive Fire Apparatus as published at time of bid except as modified by customer specifications Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth above Unless accepted within 30 days from date the right is reserved to withdraw this proposition
Respectfully Submitted (t ManUfaClurin_9_ln_c__-shy
Adrian Beyer Sales Representative
San Gabriel Fire Department 100 Pre-Payment Option
October 72013
If a 100 pre-payment were made at contract signing the following discount would be applied to the final invoice
Quantum Triple Combination 1500 gpm Pumper
$ 55762717 EACH 100 Prepayment Discount $ (2068100) EACH APPARATUS COST $ 53694617 EACH State Sales Tax 9000 $ 4832516 EACH Performance Bond $ 167288 EACH California Tire Fee $ 1050 EACH TOTAL PURCHASE PRICE $ 58695500 EACH Less 100 pre-payment at Contract Signing $ 58695500 EACH BALANCE DUE AT DELIVERY $000 EACH
I 100 PRE-PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS a) If your department makes a 100 cash pre-payment at contract signing b) If your department signs up for a lease-purchase with Oshkosh Capital This
would require no money down and no payments for one (1) year if desired
Discount for the 100 pre-payment option includes discounts for the chassis interest aerial (if applicable) and flooring charges
Any item added after this option is elected will come at additional cost and will be added to the final invoice
PERFORM LIKE NO CTIiER
This Purchase Agreement (together with all attachments referenced herein the Agreement) made and entered into by and between Pierce Manufacturing Inc a Wisconsin corporation (Pierce) and the City of San Gabriel a California city (Customer) is effective as of the date specified in Section 3 hereof
1 Definitions a Product means the fire apparatus and any associated equipment manufactured or furnished for the Customer by
Pierce pursuant to the Specifications b Specifications means the general specifications technical specifications training and testing requirements for the
Product contained in the Pierce Proposal for the Product prepared in response to the Customers request for proposal c Pierce ProposaP means the proposal provided by Pierce attached as Exhibit C prepared in response to the
Customers request for proposaL d Delivery means the date Pierce is prepared to make physical possession ofthe Product available to the Customer e Acceptance The Customer shall have fifteen (15) calendar days of Delivery to inspect the Product for substantial
conformance with the material Specifications unless Pierce receives a Notice of Defect within fifteen (15) calendar days of Delivery the Product will be deemed to be in conformance with the Specifications and accepted by the Customer
2 Purpose This Agreement sets forth the terms and conditions ofPierces sale of the Product to the Customer
3 Term of Agreement This Agreement will become effective on the date it is signed and approved by Pierces authorized representative pursuant to Section 22 hereof (Effective Date) and unless earlier terminated pursuant to the terms of this Agreement it will terminate upon the Customers Acceptance and payment in full of the Purchase Price
4 Purchase and Payment The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of $58695500 (Purchase Price) Prices are in US funds
5 Future Changes Various state or federal regulatory agencies (eg NFPA DOT EPA) may require changes to the Specifications andor the Product and in any such event any resulting cost increases incurred to comply therewith will be added to the Purchase Price to be paid by the Customer In addition any future drive train upgrades (engine transmission axles etc) or any other specification changes have not been calculated into our annual increases and will be provided at additional cost To the extent practicable Pierce will document and itemize any such price increases for the Customer
6 Agreement Changes The Customer may request that Pierce incorporate a change to the Products or the Specifications for the Products by delivering a change order to Pierce provided however that any such change order must be in writing and include a description of the proposed change sufficient to permit Pierce to evaluate the feasibility of such change (Change Order) Within [seven (7) business days] of receipt of a Change Order Pierce will inform the Customer in writing of the feasibility of the Change Order the earliest possible implementation date for the Change Order of any increase or decrease in the Purchase Price resulting from such Change Order and of any effect on production scheduling or Delivery resulting from such Change Order Pierce sha11 not be liable to the Customer for any delay in performance or Delivery arising from any such Change Order A Change Order is only effective when counter-signed by Pierces authorized representative
7 CancellationlTermination In the event this Agreement is cancelled or terminated by a party before completion Pierce may charge a cancellation fee The following charge schedule based on costs incurred may be applied (a) 10 of the Purchase Price after order is accepted and entered by Pierce (b) 20 of the Purchase Price after completion of approval drawings and (c) 30 of the Purchase Price upon any material requisition The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing Pierce endeavors to mitigate any such costs through the sale of such Product to another purchaser however Customer shall remain liable for the difference between the Purchase Price and if applicable the sale price obtained by Pierce upon sale of the Product to another purchaser plus any costs incurred by Pierce to conduct any such sale
8 Delivery Inspection and Acceptance (a) Delivery Delivery of the Product is scheduled to be within 240-270 days of the Effective Date of this Agreement FOB San Gabriel CA Risk of loss shall pass to Customer upon Delivery (b) Inspection and Acceptance Upon Delivery Customer shall have fifteen (15) days within which to inspect the Product for substantial conformance to the material Specifications and in the event of substantial non-conformance to the material Specifications to
QSD 1398 Revised 091102010
furnish Pierce with written notice sufficient to permit Pierce to evaluate such non-conformance (Notice of Defect) Any Product not in substantial conformance to material Specifications shall be remedied by Pierce within thirty (30) days from the Notice of Defect In the event Pierce does not receive a Notice of Defect within fifteen (15) days of Delivery Product will be deemed to be in conformance with Specifications and Accepted by Customer
9 Notice Any required or permitted notices hereunder must be given in writing at the address of each party set forth below or to such other address as either party may substitute by written notice to the other in the manner contemplated herein by one of the following methods hand delivery registered express or certified mail return receipt requested postage prepaid or nationally-recognized private express courier
Pierce Manufacturing Inc Customer Director ofOrder Management City of San Gabriel 2600 American Drive 425 S Mission Drive Appleton WI 54912 Fax (920) 832-3080
San Gabriel CA 91776 Fax (626) 458-2830
QSD 1398 2 Revised 091102010
10 Standard Warranty Any applicable Pierce warranties are attached hereto as Exhibit B and made a part hereof Any additional warranties must be expressly approved in writing by Pierces authorized representative
a Disclaimer OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT NEITHER PIERCE ITS PARENT COMPANY AFFILIATES SUBSIDIARIES LICENSORS OR SUPPLIERS THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AGENTS OR REPRESENTATIVES MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT WHETHER ORAL OR WRITTEN EXPRESS IMPLIED OR STATUTORY WITHOUT LIMITING THE FOREGOING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY THE IMPLIED WARRANTY AGAINST INFRINGEMENT AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES
b Exclusions of Incidental and Consequential Damages In no event shall Pierce be liable for consequential incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this Agreement or the breach thereof regardless of whether such damages arise out of breach of warranty tort contract strict liability statutory liability indemnity whether resulting from non-delivery or from Pierces own negligence or otherwise
I L Insurance Pierce maintains the following limits of insurance with a carrieres) rated A- or better by AM Best Commercial General Liability Insurance
ProductsCompleted Operations Aggregate $1000000 Each Occurrence $1000000
UmbrellaExcess Liability Insurance Aggregate $25000000 Each Occurrence $25000000
The Customer may request (x) Pierce to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above (y) to be included as an additional insured for Commercial General Liability (subject to the terms and conditions of the applicable Pierce insurance policy) and (z) all policies to provide a 30 day notice of cancellation to the named insured
12 Indemnity The Customer shall indemnify defend and hold harmless Pierce its officers employees dealers agents or subcontractors from any and all claims costs judgments liability loss damage attorneys fees or expenses of any kind or nature whatsoever (including but without limitation personal injury and death) to all property and persons caused by resulting from arising out of or occurring in connection with the Customers purchase installation or use of goods sold or supplied by Pierce which are not caused by the sole negligence ofPierce
13 Force Majeure Pierce shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Pierces control which make Pierces performance impracticable including but not limited to civil wars insurrections strikes riots fires storms floods other acts of nature explosions earthquakes accidents any act of government delays in transportation inability to obtain necessary labor supplies or manufacturing facilities allocation regulations or orders affecting materials equipment facilities or completed products failure to obtain any required license or certificates acts of God or the public enemy or terrorism failure of transportation epidemics quarantine restrictions failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation slowdown or interruption ofwork
14 Default The occurrence of one or more of the following shall constitute a default under this Agreement (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement (b) Pierce fails to perform any of its obligations under this Agreement (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect (e) the Customer dissolves merges consolidates or transfers a substantial portion of its property to another entity or (1) the Customer is in default or has breached any other contract or agreement with Pierce
IS Manufacturers Statement of Origin It is agreed that the manufacturers statement of origin (MSO) for the Product covered by this Agreement shall remain in the possession of Pierce until the entire Purchase Price has been paid If more than one Product is covered by this Agreement then the MSO for each individual Product shall remain in the possession of Pierce
QSD 1398 3 Revised 091102010
until the Purchase Price for that Product has been paid in full In case of any default in payment Pierce may take full possession of the Product and any payments that have been made shall be applied as payment for the use of the Product up to the date oftaking possession
16 Independent Contractors The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner employee agent or joint venturer of or with the other
17 Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval ofthe other party
18 Governing Law Jurisdiction Without regard to any conflict of laws provisions this Agreement is to be governed by and under the laws of the state of Wisconsin
19 Facsimile Signatures The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures
20 Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product Additional or different terms proposed by the Customer shall not be applicable unless accepted in writing by Pierces authorized representative No change in modification of or revision of this Agreement shall be valid unless in writing and signed by Pierces authorized representative
21 Conflict In the event of a conflict between the Customer Specifications and the Pierce Proposal the Pierce Proposal shall control In the event there is a conflict between the Pierce Proposal and this Agreement the Pierce Proposal shall control
22 Signatures This Agreement is not effective unless and until it is approved signed and dated by Pierce Manufacturing Inc s authorized representative
Accepted and agreed to
PIERCE MANUFACTURING INC CUSTOMER CITY OF SAN GABRIEL
Title
Date
4 Revised 0911 02010QSD 1398
EXHIBIT A
PURCHASE DETAIL FORM Pierce Manufacturing Inc
Director ofOrder Management 2600 American Drive Appleton WI 54912 Fax (920) 832-3080
Date October in 2013
Customer Name City ofSan Gabriel Fire Department
Quantity Chassis Type Body Type Price per Unit 1 Quantum Triple Combination
Pumper $58695500
$ $ $ $
Price includes 9 sales tax and 100 prepayment discount of$2068 100
Warranty Period Pierce one year standard umrrnt_____________________
Training Requirements Customer Orientation upon delivery
Other Matters ~1Q~Damp~QlliillOO~~_____________________
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any Pierce available options including chassis models Any addition or deletion may affect the unit price
Payment Terms 100 Prepayment required to exercise the Pre-Payment Discount Prepayment shall be due within 10 days of invoicing from Pierce Manufacturing 100 performance bond will be provided before payment is due If pre-payment option is not exercised the contract amount would equal $60934600
[NOTE If deferred payment ammgements are required the Customer must make such fmancial ammgements through a financial institution acceptable to Pierce] All taxes excises and levies that Pierce may be required to payor collect by reason of any present or future law or by any governmental authority based upon the sale purchase delivery storage processing use consumption or tmnsportation of the Product sold by Pierce to the Customer shall be for the account of the Customer and shall be added to the Purchase Price All delivery prices or prices with freight allowance are based upon prevailing freight rates and in the event ofany increase or decrease in such rates the prices on all unshipped Prnduct will be increased or decreased accordingly Delinquent payments shall be subject to a carrying charge of 15 percent per month or such lesser amount pennitted by law Pierce will not be required to accept payment other than as set fOlth in this Agreement However to avoid a late charge assessment in the event of a dispute caused by a substantial nonconfonnance with matCilal Specifications (other than freight) the Customer may withhold up to five pClCent (5) of the PUIChase Price until such time that Pierce substantially remedies the nonconfonnance with material Specifications but no longer than sixty (60) days after Delivery If the disputed amount is the freight charge the Customer may withhold only the amount of the freight charge until the dispute is settled but no longer than sixty (60) days aftCi Delivery Pierce shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by PielCe or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products In the event of nonpay111Cllt by the Customer of any debt obligation or liability now or hereafter incurred or owing by the CustomCi to Pierce Pierce shall have and may exercise all rights and remedies of a secured party under Atucle 9 of the Vnifonn Conunercial Code (VCC) as adopted by the state of Wisconsin
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF October 7 2013 BETWEEN PIERCE MANUFACTURING INC AND City of San Gabriel WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN AND MADE PART OF TillS
QSD 1398 5 Revised 091 020 10
PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY PIERCE MANUFACTURING INC HEREIN
6QSD 1398
Cily nrSan Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 1011413)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budgeted 2001middot02 2002middot03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-2010 2010-2011 2011middot2012 2012middot2013 2013-2014
Fund Balance Beginning 0 188603 258603 259570 111420 5256 -22470 82530 187530 232530 399035 508035 462845
Revenues Establish Account 100000 0 0 0 0 0 0 0 0 0 0 0 0 Annual Contribution 88603 70000 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
General Fund Loan 200249 217232 0 0 0 0 0 0 0 0 0 0 0 Sub-total 388852 287232 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
Expenditures General Fund Loan Repayment 0 0 0 0 35000 35000 35000 35000 35000 35000 35000 35000 35000
2002 Pierce Engine 178294 180699 0 0 0 0 0 0 0 0 0 0 0 Fire Rescue Tools 21955 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 25101 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 11431 0 0 0 0 0 0 0 0 0 0 0 Mobile Data Equipment 0 0 89033 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 238150 211164 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 0 0 132726 0 0 0 0 0 158190 12801 2014 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 586955 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 200249 217232 89033 238150 246164 167726 35000 35000 35000 35000 35000 193190 634756
Fund Balance Ending 188603 258603 259570 111420 5256 (22470) 82530 187530 232530 399035 508035 462845 (7911)
Notes 2003middot05 Midmiddot Term Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation of a new Fire Engine ($350000)
LAIF Annual Yields 2001middot02 =3445 2002-03 =2152 2003middot04 15322004-05 =22562005middot06 38732006-07 51212007-08 = 4325 2008-09 22242009middot10 2010middot11 0495 2011middot12 = 3822012middot3 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow XT) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of $397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651
PROPOSAL FOR FURNISHING FIRE APPARATUS
October 7 2013
San Gabriel Fire Department 1303 S Del Mar Ave
PERFORM LIKE No OTHERSan Gabriel CA 91776
The undersigned is prepared to manufacture for you upon an order being placed by you for final acceptance by Pierce Manfacturing Inc at its corporate office in Appleton Wisconsin the apparatus and equipment herein named and for the following prices
Each Extension One ( 1 )
Quantum Triple Combination 1500 9pm Pumper
$ 55762717 $ 55762717 Sales Tax 9000 $ 5003589 $ 5003589 APPARATUS COST WITH TAX $ 60766306 $ 60766306 Performance Bond $ 167288 $ 167288 California Tire Fee $ 1050= [$ 1050 TOTAL PURCHASE PRICE $ 60934644 $ 60934644
PLEASE NOTE THE FOLLOWING ABOUT THIS QUOTA TION Payment options are available and are included under separate cover One of these options may save your department a significant amount of money
Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached delays due to strikes war or international conflict failures to obtain chassis materials or other causes beyond our control not preventing within about 240 CALENDAR DAYS after receipt of this order and the acceptance thereof at our office in Appleton Wisconsin and to be delivered to you at South Coast Fire Equipment
The specifications herein contained shall form a part of the final contract and are subject to changes desired by the purchaser provided such alterations are interlined prior to the acceptance by the company of the order to purchase and provided such alterations do not materially affect the cost of the construction of the apparatus
The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid and with all National Fire Protection Association (NFPA) guidelines for Automotive Fire Apparatus as published at time of bid except as modified by customer specifications Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth above Unless accepted within 30 days from date the right is reserved to withdraw this proposition
Respectfully Submitted (t ManUfaClurin_9_ln_c__-shy
Adrian Beyer Sales Representative
San Gabriel Fire Department 100 Pre-Payment Option
October 72013
If a 100 pre-payment were made at contract signing the following discount would be applied to the final invoice
Quantum Triple Combination 1500 gpm Pumper
$ 55762717 EACH 100 Prepayment Discount $ (2068100) EACH APPARATUS COST $ 53694617 EACH State Sales Tax 9000 $ 4832516 EACH Performance Bond $ 167288 EACH California Tire Fee $ 1050 EACH TOTAL PURCHASE PRICE $ 58695500 EACH Less 100 pre-payment at Contract Signing $ 58695500 EACH BALANCE DUE AT DELIVERY $000 EACH
I 100 PRE-PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS a) If your department makes a 100 cash pre-payment at contract signing b) If your department signs up for a lease-purchase with Oshkosh Capital This
would require no money down and no payments for one (1) year if desired
Discount for the 100 pre-payment option includes discounts for the chassis interest aerial (if applicable) and flooring charges
Any item added after this option is elected will come at additional cost and will be added to the final invoice
PERFORM LIKE NO CTIiER
This Purchase Agreement (together with all attachments referenced herein the Agreement) made and entered into by and between Pierce Manufacturing Inc a Wisconsin corporation (Pierce) and the City of San Gabriel a California city (Customer) is effective as of the date specified in Section 3 hereof
1 Definitions a Product means the fire apparatus and any associated equipment manufactured or furnished for the Customer by
Pierce pursuant to the Specifications b Specifications means the general specifications technical specifications training and testing requirements for the
Product contained in the Pierce Proposal for the Product prepared in response to the Customers request for proposal c Pierce ProposaP means the proposal provided by Pierce attached as Exhibit C prepared in response to the
Customers request for proposaL d Delivery means the date Pierce is prepared to make physical possession ofthe Product available to the Customer e Acceptance The Customer shall have fifteen (15) calendar days of Delivery to inspect the Product for substantial
conformance with the material Specifications unless Pierce receives a Notice of Defect within fifteen (15) calendar days of Delivery the Product will be deemed to be in conformance with the Specifications and accepted by the Customer
2 Purpose This Agreement sets forth the terms and conditions ofPierces sale of the Product to the Customer
3 Term of Agreement This Agreement will become effective on the date it is signed and approved by Pierces authorized representative pursuant to Section 22 hereof (Effective Date) and unless earlier terminated pursuant to the terms of this Agreement it will terminate upon the Customers Acceptance and payment in full of the Purchase Price
4 Purchase and Payment The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of $58695500 (Purchase Price) Prices are in US funds
5 Future Changes Various state or federal regulatory agencies (eg NFPA DOT EPA) may require changes to the Specifications andor the Product and in any such event any resulting cost increases incurred to comply therewith will be added to the Purchase Price to be paid by the Customer In addition any future drive train upgrades (engine transmission axles etc) or any other specification changes have not been calculated into our annual increases and will be provided at additional cost To the extent practicable Pierce will document and itemize any such price increases for the Customer
6 Agreement Changes The Customer may request that Pierce incorporate a change to the Products or the Specifications for the Products by delivering a change order to Pierce provided however that any such change order must be in writing and include a description of the proposed change sufficient to permit Pierce to evaluate the feasibility of such change (Change Order) Within [seven (7) business days] of receipt of a Change Order Pierce will inform the Customer in writing of the feasibility of the Change Order the earliest possible implementation date for the Change Order of any increase or decrease in the Purchase Price resulting from such Change Order and of any effect on production scheduling or Delivery resulting from such Change Order Pierce sha11 not be liable to the Customer for any delay in performance or Delivery arising from any such Change Order A Change Order is only effective when counter-signed by Pierces authorized representative
7 CancellationlTermination In the event this Agreement is cancelled or terminated by a party before completion Pierce may charge a cancellation fee The following charge schedule based on costs incurred may be applied (a) 10 of the Purchase Price after order is accepted and entered by Pierce (b) 20 of the Purchase Price after completion of approval drawings and (c) 30 of the Purchase Price upon any material requisition The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing Pierce endeavors to mitigate any such costs through the sale of such Product to another purchaser however Customer shall remain liable for the difference between the Purchase Price and if applicable the sale price obtained by Pierce upon sale of the Product to another purchaser plus any costs incurred by Pierce to conduct any such sale
8 Delivery Inspection and Acceptance (a) Delivery Delivery of the Product is scheduled to be within 240-270 days of the Effective Date of this Agreement FOB San Gabriel CA Risk of loss shall pass to Customer upon Delivery (b) Inspection and Acceptance Upon Delivery Customer shall have fifteen (15) days within which to inspect the Product for substantial conformance to the material Specifications and in the event of substantial non-conformance to the material Specifications to
QSD 1398 Revised 091102010
furnish Pierce with written notice sufficient to permit Pierce to evaluate such non-conformance (Notice of Defect) Any Product not in substantial conformance to material Specifications shall be remedied by Pierce within thirty (30) days from the Notice of Defect In the event Pierce does not receive a Notice of Defect within fifteen (15) days of Delivery Product will be deemed to be in conformance with Specifications and Accepted by Customer
9 Notice Any required or permitted notices hereunder must be given in writing at the address of each party set forth below or to such other address as either party may substitute by written notice to the other in the manner contemplated herein by one of the following methods hand delivery registered express or certified mail return receipt requested postage prepaid or nationally-recognized private express courier
Pierce Manufacturing Inc Customer Director ofOrder Management City of San Gabriel 2600 American Drive 425 S Mission Drive Appleton WI 54912 Fax (920) 832-3080
San Gabriel CA 91776 Fax (626) 458-2830
QSD 1398 2 Revised 091102010
10 Standard Warranty Any applicable Pierce warranties are attached hereto as Exhibit B and made a part hereof Any additional warranties must be expressly approved in writing by Pierces authorized representative
a Disclaimer OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT NEITHER PIERCE ITS PARENT COMPANY AFFILIATES SUBSIDIARIES LICENSORS OR SUPPLIERS THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AGENTS OR REPRESENTATIVES MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT WHETHER ORAL OR WRITTEN EXPRESS IMPLIED OR STATUTORY WITHOUT LIMITING THE FOREGOING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY THE IMPLIED WARRANTY AGAINST INFRINGEMENT AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES
b Exclusions of Incidental and Consequential Damages In no event shall Pierce be liable for consequential incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this Agreement or the breach thereof regardless of whether such damages arise out of breach of warranty tort contract strict liability statutory liability indemnity whether resulting from non-delivery or from Pierces own negligence or otherwise
I L Insurance Pierce maintains the following limits of insurance with a carrieres) rated A- or better by AM Best Commercial General Liability Insurance
ProductsCompleted Operations Aggregate $1000000 Each Occurrence $1000000
UmbrellaExcess Liability Insurance Aggregate $25000000 Each Occurrence $25000000
The Customer may request (x) Pierce to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above (y) to be included as an additional insured for Commercial General Liability (subject to the terms and conditions of the applicable Pierce insurance policy) and (z) all policies to provide a 30 day notice of cancellation to the named insured
12 Indemnity The Customer shall indemnify defend and hold harmless Pierce its officers employees dealers agents or subcontractors from any and all claims costs judgments liability loss damage attorneys fees or expenses of any kind or nature whatsoever (including but without limitation personal injury and death) to all property and persons caused by resulting from arising out of or occurring in connection with the Customers purchase installation or use of goods sold or supplied by Pierce which are not caused by the sole negligence ofPierce
13 Force Majeure Pierce shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Pierces control which make Pierces performance impracticable including but not limited to civil wars insurrections strikes riots fires storms floods other acts of nature explosions earthquakes accidents any act of government delays in transportation inability to obtain necessary labor supplies or manufacturing facilities allocation regulations or orders affecting materials equipment facilities or completed products failure to obtain any required license or certificates acts of God or the public enemy or terrorism failure of transportation epidemics quarantine restrictions failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation slowdown or interruption ofwork
14 Default The occurrence of one or more of the following shall constitute a default under this Agreement (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement (b) Pierce fails to perform any of its obligations under this Agreement (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect (e) the Customer dissolves merges consolidates or transfers a substantial portion of its property to another entity or (1) the Customer is in default or has breached any other contract or agreement with Pierce
IS Manufacturers Statement of Origin It is agreed that the manufacturers statement of origin (MSO) for the Product covered by this Agreement shall remain in the possession of Pierce until the entire Purchase Price has been paid If more than one Product is covered by this Agreement then the MSO for each individual Product shall remain in the possession of Pierce
QSD 1398 3 Revised 091102010
until the Purchase Price for that Product has been paid in full In case of any default in payment Pierce may take full possession of the Product and any payments that have been made shall be applied as payment for the use of the Product up to the date oftaking possession
16 Independent Contractors The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner employee agent or joint venturer of or with the other
17 Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval ofthe other party
18 Governing Law Jurisdiction Without regard to any conflict of laws provisions this Agreement is to be governed by and under the laws of the state of Wisconsin
19 Facsimile Signatures The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures
20 Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product Additional or different terms proposed by the Customer shall not be applicable unless accepted in writing by Pierces authorized representative No change in modification of or revision of this Agreement shall be valid unless in writing and signed by Pierces authorized representative
21 Conflict In the event of a conflict between the Customer Specifications and the Pierce Proposal the Pierce Proposal shall control In the event there is a conflict between the Pierce Proposal and this Agreement the Pierce Proposal shall control
22 Signatures This Agreement is not effective unless and until it is approved signed and dated by Pierce Manufacturing Inc s authorized representative
Accepted and agreed to
PIERCE MANUFACTURING INC CUSTOMER CITY OF SAN GABRIEL
Title
Date
4 Revised 0911 02010QSD 1398
EXHIBIT A
PURCHASE DETAIL FORM Pierce Manufacturing Inc
Director ofOrder Management 2600 American Drive Appleton WI 54912 Fax (920) 832-3080
Date October in 2013
Customer Name City ofSan Gabriel Fire Department
Quantity Chassis Type Body Type Price per Unit 1 Quantum Triple Combination
Pumper $58695500
$ $ $ $
Price includes 9 sales tax and 100 prepayment discount of$2068 100
Warranty Period Pierce one year standard umrrnt_____________________
Training Requirements Customer Orientation upon delivery
Other Matters ~1Q~Damp~QlliillOO~~_____________________
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any Pierce available options including chassis models Any addition or deletion may affect the unit price
Payment Terms 100 Prepayment required to exercise the Pre-Payment Discount Prepayment shall be due within 10 days of invoicing from Pierce Manufacturing 100 performance bond will be provided before payment is due If pre-payment option is not exercised the contract amount would equal $60934600
[NOTE If deferred payment ammgements are required the Customer must make such fmancial ammgements through a financial institution acceptable to Pierce] All taxes excises and levies that Pierce may be required to payor collect by reason of any present or future law or by any governmental authority based upon the sale purchase delivery storage processing use consumption or tmnsportation of the Product sold by Pierce to the Customer shall be for the account of the Customer and shall be added to the Purchase Price All delivery prices or prices with freight allowance are based upon prevailing freight rates and in the event ofany increase or decrease in such rates the prices on all unshipped Prnduct will be increased or decreased accordingly Delinquent payments shall be subject to a carrying charge of 15 percent per month or such lesser amount pennitted by law Pierce will not be required to accept payment other than as set fOlth in this Agreement However to avoid a late charge assessment in the event of a dispute caused by a substantial nonconfonnance with matCilal Specifications (other than freight) the Customer may withhold up to five pClCent (5) of the PUIChase Price until such time that Pierce substantially remedies the nonconfonnance with material Specifications but no longer than sixty (60) days after Delivery If the disputed amount is the freight charge the Customer may withhold only the amount of the freight charge until the dispute is settled but no longer than sixty (60) days aftCi Delivery Pierce shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by PielCe or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products In the event of nonpay111Cllt by the Customer of any debt obligation or liability now or hereafter incurred or owing by the CustomCi to Pierce Pierce shall have and may exercise all rights and remedies of a secured party under Atucle 9 of the Vnifonn Conunercial Code (VCC) as adopted by the state of Wisconsin
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF October 7 2013 BETWEEN PIERCE MANUFACTURING INC AND City of San Gabriel WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN AND MADE PART OF TillS
QSD 1398 5 Revised 091 020 10
PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY PIERCE MANUFACTURING INC HEREIN
6QSD 1398
Cily nrSan Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 1011413)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budgeted 2001middot02 2002middot03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-2010 2010-2011 2011middot2012 2012middot2013 2013-2014
Fund Balance Beginning 0 188603 258603 259570 111420 5256 -22470 82530 187530 232530 399035 508035 462845
Revenues Establish Account 100000 0 0 0 0 0 0 0 0 0 0 0 0 Annual Contribution 88603 70000 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
General Fund Loan 200249 217232 0 0 0 0 0 0 0 0 0 0 0 Sub-total 388852 287232 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
Expenditures General Fund Loan Repayment 0 0 0 0 35000 35000 35000 35000 35000 35000 35000 35000 35000
2002 Pierce Engine 178294 180699 0 0 0 0 0 0 0 0 0 0 0 Fire Rescue Tools 21955 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 25101 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 11431 0 0 0 0 0 0 0 0 0 0 0 Mobile Data Equipment 0 0 89033 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 238150 211164 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 0 0 132726 0 0 0 0 0 158190 12801 2014 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 586955 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 200249 217232 89033 238150 246164 167726 35000 35000 35000 35000 35000 193190 634756
Fund Balance Ending 188603 258603 259570 111420 5256 (22470) 82530 187530 232530 399035 508035 462845 (7911)
Notes 2003middot05 Midmiddot Term Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation of a new Fire Engine ($350000)
LAIF Annual Yields 2001middot02 =3445 2002-03 =2152 2003middot04 15322004-05 =22562005middot06 38732006-07 51212007-08 = 4325 2008-09 22242009middot10 2010middot11 0495 2011middot12 = 3822012middot3 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow XT) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of $397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651
San Gabriel Fire Department 100 Pre-Payment Option
October 72013
If a 100 pre-payment were made at contract signing the following discount would be applied to the final invoice
Quantum Triple Combination 1500 gpm Pumper
$ 55762717 EACH 100 Prepayment Discount $ (2068100) EACH APPARATUS COST $ 53694617 EACH State Sales Tax 9000 $ 4832516 EACH Performance Bond $ 167288 EACH California Tire Fee $ 1050 EACH TOTAL PURCHASE PRICE $ 58695500 EACH Less 100 pre-payment at Contract Signing $ 58695500 EACH BALANCE DUE AT DELIVERY $000 EACH
I 100 PRE-PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS a) If your department makes a 100 cash pre-payment at contract signing b) If your department signs up for a lease-purchase with Oshkosh Capital This
would require no money down and no payments for one (1) year if desired
Discount for the 100 pre-payment option includes discounts for the chassis interest aerial (if applicable) and flooring charges
Any item added after this option is elected will come at additional cost and will be added to the final invoice
PERFORM LIKE NO CTIiER
This Purchase Agreement (together with all attachments referenced herein the Agreement) made and entered into by and between Pierce Manufacturing Inc a Wisconsin corporation (Pierce) and the City of San Gabriel a California city (Customer) is effective as of the date specified in Section 3 hereof
1 Definitions a Product means the fire apparatus and any associated equipment manufactured or furnished for the Customer by
Pierce pursuant to the Specifications b Specifications means the general specifications technical specifications training and testing requirements for the
Product contained in the Pierce Proposal for the Product prepared in response to the Customers request for proposal c Pierce ProposaP means the proposal provided by Pierce attached as Exhibit C prepared in response to the
Customers request for proposaL d Delivery means the date Pierce is prepared to make physical possession ofthe Product available to the Customer e Acceptance The Customer shall have fifteen (15) calendar days of Delivery to inspect the Product for substantial
conformance with the material Specifications unless Pierce receives a Notice of Defect within fifteen (15) calendar days of Delivery the Product will be deemed to be in conformance with the Specifications and accepted by the Customer
2 Purpose This Agreement sets forth the terms and conditions ofPierces sale of the Product to the Customer
3 Term of Agreement This Agreement will become effective on the date it is signed and approved by Pierces authorized representative pursuant to Section 22 hereof (Effective Date) and unless earlier terminated pursuant to the terms of this Agreement it will terminate upon the Customers Acceptance and payment in full of the Purchase Price
4 Purchase and Payment The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of $58695500 (Purchase Price) Prices are in US funds
5 Future Changes Various state or federal regulatory agencies (eg NFPA DOT EPA) may require changes to the Specifications andor the Product and in any such event any resulting cost increases incurred to comply therewith will be added to the Purchase Price to be paid by the Customer In addition any future drive train upgrades (engine transmission axles etc) or any other specification changes have not been calculated into our annual increases and will be provided at additional cost To the extent practicable Pierce will document and itemize any such price increases for the Customer
6 Agreement Changes The Customer may request that Pierce incorporate a change to the Products or the Specifications for the Products by delivering a change order to Pierce provided however that any such change order must be in writing and include a description of the proposed change sufficient to permit Pierce to evaluate the feasibility of such change (Change Order) Within [seven (7) business days] of receipt of a Change Order Pierce will inform the Customer in writing of the feasibility of the Change Order the earliest possible implementation date for the Change Order of any increase or decrease in the Purchase Price resulting from such Change Order and of any effect on production scheduling or Delivery resulting from such Change Order Pierce sha11 not be liable to the Customer for any delay in performance or Delivery arising from any such Change Order A Change Order is only effective when counter-signed by Pierces authorized representative
7 CancellationlTermination In the event this Agreement is cancelled or terminated by a party before completion Pierce may charge a cancellation fee The following charge schedule based on costs incurred may be applied (a) 10 of the Purchase Price after order is accepted and entered by Pierce (b) 20 of the Purchase Price after completion of approval drawings and (c) 30 of the Purchase Price upon any material requisition The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing Pierce endeavors to mitigate any such costs through the sale of such Product to another purchaser however Customer shall remain liable for the difference between the Purchase Price and if applicable the sale price obtained by Pierce upon sale of the Product to another purchaser plus any costs incurred by Pierce to conduct any such sale
8 Delivery Inspection and Acceptance (a) Delivery Delivery of the Product is scheduled to be within 240-270 days of the Effective Date of this Agreement FOB San Gabriel CA Risk of loss shall pass to Customer upon Delivery (b) Inspection and Acceptance Upon Delivery Customer shall have fifteen (15) days within which to inspect the Product for substantial conformance to the material Specifications and in the event of substantial non-conformance to the material Specifications to
QSD 1398 Revised 091102010
furnish Pierce with written notice sufficient to permit Pierce to evaluate such non-conformance (Notice of Defect) Any Product not in substantial conformance to material Specifications shall be remedied by Pierce within thirty (30) days from the Notice of Defect In the event Pierce does not receive a Notice of Defect within fifteen (15) days of Delivery Product will be deemed to be in conformance with Specifications and Accepted by Customer
9 Notice Any required or permitted notices hereunder must be given in writing at the address of each party set forth below or to such other address as either party may substitute by written notice to the other in the manner contemplated herein by one of the following methods hand delivery registered express or certified mail return receipt requested postage prepaid or nationally-recognized private express courier
Pierce Manufacturing Inc Customer Director ofOrder Management City of San Gabriel 2600 American Drive 425 S Mission Drive Appleton WI 54912 Fax (920) 832-3080
San Gabriel CA 91776 Fax (626) 458-2830
QSD 1398 2 Revised 091102010
10 Standard Warranty Any applicable Pierce warranties are attached hereto as Exhibit B and made a part hereof Any additional warranties must be expressly approved in writing by Pierces authorized representative
a Disclaimer OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT NEITHER PIERCE ITS PARENT COMPANY AFFILIATES SUBSIDIARIES LICENSORS OR SUPPLIERS THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AGENTS OR REPRESENTATIVES MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT WHETHER ORAL OR WRITTEN EXPRESS IMPLIED OR STATUTORY WITHOUT LIMITING THE FOREGOING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY THE IMPLIED WARRANTY AGAINST INFRINGEMENT AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES
b Exclusions of Incidental and Consequential Damages In no event shall Pierce be liable for consequential incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this Agreement or the breach thereof regardless of whether such damages arise out of breach of warranty tort contract strict liability statutory liability indemnity whether resulting from non-delivery or from Pierces own negligence or otherwise
I L Insurance Pierce maintains the following limits of insurance with a carrieres) rated A- or better by AM Best Commercial General Liability Insurance
ProductsCompleted Operations Aggregate $1000000 Each Occurrence $1000000
UmbrellaExcess Liability Insurance Aggregate $25000000 Each Occurrence $25000000
The Customer may request (x) Pierce to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above (y) to be included as an additional insured for Commercial General Liability (subject to the terms and conditions of the applicable Pierce insurance policy) and (z) all policies to provide a 30 day notice of cancellation to the named insured
12 Indemnity The Customer shall indemnify defend and hold harmless Pierce its officers employees dealers agents or subcontractors from any and all claims costs judgments liability loss damage attorneys fees or expenses of any kind or nature whatsoever (including but without limitation personal injury and death) to all property and persons caused by resulting from arising out of or occurring in connection with the Customers purchase installation or use of goods sold or supplied by Pierce which are not caused by the sole negligence ofPierce
13 Force Majeure Pierce shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Pierces control which make Pierces performance impracticable including but not limited to civil wars insurrections strikes riots fires storms floods other acts of nature explosions earthquakes accidents any act of government delays in transportation inability to obtain necessary labor supplies or manufacturing facilities allocation regulations or orders affecting materials equipment facilities or completed products failure to obtain any required license or certificates acts of God or the public enemy or terrorism failure of transportation epidemics quarantine restrictions failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation slowdown or interruption ofwork
14 Default The occurrence of one or more of the following shall constitute a default under this Agreement (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement (b) Pierce fails to perform any of its obligations under this Agreement (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect (e) the Customer dissolves merges consolidates or transfers a substantial portion of its property to another entity or (1) the Customer is in default or has breached any other contract or agreement with Pierce
IS Manufacturers Statement of Origin It is agreed that the manufacturers statement of origin (MSO) for the Product covered by this Agreement shall remain in the possession of Pierce until the entire Purchase Price has been paid If more than one Product is covered by this Agreement then the MSO for each individual Product shall remain in the possession of Pierce
QSD 1398 3 Revised 091102010
until the Purchase Price for that Product has been paid in full In case of any default in payment Pierce may take full possession of the Product and any payments that have been made shall be applied as payment for the use of the Product up to the date oftaking possession
16 Independent Contractors The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner employee agent or joint venturer of or with the other
17 Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval ofthe other party
18 Governing Law Jurisdiction Without regard to any conflict of laws provisions this Agreement is to be governed by and under the laws of the state of Wisconsin
19 Facsimile Signatures The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures
20 Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product Additional or different terms proposed by the Customer shall not be applicable unless accepted in writing by Pierces authorized representative No change in modification of or revision of this Agreement shall be valid unless in writing and signed by Pierces authorized representative
21 Conflict In the event of a conflict between the Customer Specifications and the Pierce Proposal the Pierce Proposal shall control In the event there is a conflict between the Pierce Proposal and this Agreement the Pierce Proposal shall control
22 Signatures This Agreement is not effective unless and until it is approved signed and dated by Pierce Manufacturing Inc s authorized representative
Accepted and agreed to
PIERCE MANUFACTURING INC CUSTOMER CITY OF SAN GABRIEL
Title
Date
4 Revised 0911 02010QSD 1398
EXHIBIT A
PURCHASE DETAIL FORM Pierce Manufacturing Inc
Director ofOrder Management 2600 American Drive Appleton WI 54912 Fax (920) 832-3080
Date October in 2013
Customer Name City ofSan Gabriel Fire Department
Quantity Chassis Type Body Type Price per Unit 1 Quantum Triple Combination
Pumper $58695500
$ $ $ $
Price includes 9 sales tax and 100 prepayment discount of$2068 100
Warranty Period Pierce one year standard umrrnt_____________________
Training Requirements Customer Orientation upon delivery
Other Matters ~1Q~Damp~QlliillOO~~_____________________
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any Pierce available options including chassis models Any addition or deletion may affect the unit price
Payment Terms 100 Prepayment required to exercise the Pre-Payment Discount Prepayment shall be due within 10 days of invoicing from Pierce Manufacturing 100 performance bond will be provided before payment is due If pre-payment option is not exercised the contract amount would equal $60934600
[NOTE If deferred payment ammgements are required the Customer must make such fmancial ammgements through a financial institution acceptable to Pierce] All taxes excises and levies that Pierce may be required to payor collect by reason of any present or future law or by any governmental authority based upon the sale purchase delivery storage processing use consumption or tmnsportation of the Product sold by Pierce to the Customer shall be for the account of the Customer and shall be added to the Purchase Price All delivery prices or prices with freight allowance are based upon prevailing freight rates and in the event ofany increase or decrease in such rates the prices on all unshipped Prnduct will be increased or decreased accordingly Delinquent payments shall be subject to a carrying charge of 15 percent per month or such lesser amount pennitted by law Pierce will not be required to accept payment other than as set fOlth in this Agreement However to avoid a late charge assessment in the event of a dispute caused by a substantial nonconfonnance with matCilal Specifications (other than freight) the Customer may withhold up to five pClCent (5) of the PUIChase Price until such time that Pierce substantially remedies the nonconfonnance with material Specifications but no longer than sixty (60) days after Delivery If the disputed amount is the freight charge the Customer may withhold only the amount of the freight charge until the dispute is settled but no longer than sixty (60) days aftCi Delivery Pierce shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by PielCe or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products In the event of nonpay111Cllt by the Customer of any debt obligation or liability now or hereafter incurred or owing by the CustomCi to Pierce Pierce shall have and may exercise all rights and remedies of a secured party under Atucle 9 of the Vnifonn Conunercial Code (VCC) as adopted by the state of Wisconsin
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF October 7 2013 BETWEEN PIERCE MANUFACTURING INC AND City of San Gabriel WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN AND MADE PART OF TillS
QSD 1398 5 Revised 091 020 10
PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY PIERCE MANUFACTURING INC HEREIN
6QSD 1398
Cily nrSan Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 1011413)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budgeted 2001middot02 2002middot03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-2010 2010-2011 2011middot2012 2012middot2013 2013-2014
Fund Balance Beginning 0 188603 258603 259570 111420 5256 -22470 82530 187530 232530 399035 508035 462845
Revenues Establish Account 100000 0 0 0 0 0 0 0 0 0 0 0 0 Annual Contribution 88603 70000 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
General Fund Loan 200249 217232 0 0 0 0 0 0 0 0 0 0 0 Sub-total 388852 287232 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
Expenditures General Fund Loan Repayment 0 0 0 0 35000 35000 35000 35000 35000 35000 35000 35000 35000
2002 Pierce Engine 178294 180699 0 0 0 0 0 0 0 0 0 0 0 Fire Rescue Tools 21955 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 25101 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 11431 0 0 0 0 0 0 0 0 0 0 0 Mobile Data Equipment 0 0 89033 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 238150 211164 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 0 0 132726 0 0 0 0 0 158190 12801 2014 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 586955 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 200249 217232 89033 238150 246164 167726 35000 35000 35000 35000 35000 193190 634756
Fund Balance Ending 188603 258603 259570 111420 5256 (22470) 82530 187530 232530 399035 508035 462845 (7911)
Notes 2003middot05 Midmiddot Term Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation of a new Fire Engine ($350000)
LAIF Annual Yields 2001middot02 =3445 2002-03 =2152 2003middot04 15322004-05 =22562005middot06 38732006-07 51212007-08 = 4325 2008-09 22242009middot10 2010middot11 0495 2011middot12 = 3822012middot3 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow XT) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of $397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651
PERFORM LIKE NO CTIiER
This Purchase Agreement (together with all attachments referenced herein the Agreement) made and entered into by and between Pierce Manufacturing Inc a Wisconsin corporation (Pierce) and the City of San Gabriel a California city (Customer) is effective as of the date specified in Section 3 hereof
1 Definitions a Product means the fire apparatus and any associated equipment manufactured or furnished for the Customer by
Pierce pursuant to the Specifications b Specifications means the general specifications technical specifications training and testing requirements for the
Product contained in the Pierce Proposal for the Product prepared in response to the Customers request for proposal c Pierce ProposaP means the proposal provided by Pierce attached as Exhibit C prepared in response to the
Customers request for proposaL d Delivery means the date Pierce is prepared to make physical possession ofthe Product available to the Customer e Acceptance The Customer shall have fifteen (15) calendar days of Delivery to inspect the Product for substantial
conformance with the material Specifications unless Pierce receives a Notice of Defect within fifteen (15) calendar days of Delivery the Product will be deemed to be in conformance with the Specifications and accepted by the Customer
2 Purpose This Agreement sets forth the terms and conditions ofPierces sale of the Product to the Customer
3 Term of Agreement This Agreement will become effective on the date it is signed and approved by Pierces authorized representative pursuant to Section 22 hereof (Effective Date) and unless earlier terminated pursuant to the terms of this Agreement it will terminate upon the Customers Acceptance and payment in full of the Purchase Price
4 Purchase and Payment The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of $58695500 (Purchase Price) Prices are in US funds
5 Future Changes Various state or federal regulatory agencies (eg NFPA DOT EPA) may require changes to the Specifications andor the Product and in any such event any resulting cost increases incurred to comply therewith will be added to the Purchase Price to be paid by the Customer In addition any future drive train upgrades (engine transmission axles etc) or any other specification changes have not been calculated into our annual increases and will be provided at additional cost To the extent practicable Pierce will document and itemize any such price increases for the Customer
6 Agreement Changes The Customer may request that Pierce incorporate a change to the Products or the Specifications for the Products by delivering a change order to Pierce provided however that any such change order must be in writing and include a description of the proposed change sufficient to permit Pierce to evaluate the feasibility of such change (Change Order) Within [seven (7) business days] of receipt of a Change Order Pierce will inform the Customer in writing of the feasibility of the Change Order the earliest possible implementation date for the Change Order of any increase or decrease in the Purchase Price resulting from such Change Order and of any effect on production scheduling or Delivery resulting from such Change Order Pierce sha11 not be liable to the Customer for any delay in performance or Delivery arising from any such Change Order A Change Order is only effective when counter-signed by Pierces authorized representative
7 CancellationlTermination In the event this Agreement is cancelled or terminated by a party before completion Pierce may charge a cancellation fee The following charge schedule based on costs incurred may be applied (a) 10 of the Purchase Price after order is accepted and entered by Pierce (b) 20 of the Purchase Price after completion of approval drawings and (c) 30 of the Purchase Price upon any material requisition The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing Pierce endeavors to mitigate any such costs through the sale of such Product to another purchaser however Customer shall remain liable for the difference between the Purchase Price and if applicable the sale price obtained by Pierce upon sale of the Product to another purchaser plus any costs incurred by Pierce to conduct any such sale
8 Delivery Inspection and Acceptance (a) Delivery Delivery of the Product is scheduled to be within 240-270 days of the Effective Date of this Agreement FOB San Gabriel CA Risk of loss shall pass to Customer upon Delivery (b) Inspection and Acceptance Upon Delivery Customer shall have fifteen (15) days within which to inspect the Product for substantial conformance to the material Specifications and in the event of substantial non-conformance to the material Specifications to
QSD 1398 Revised 091102010
furnish Pierce with written notice sufficient to permit Pierce to evaluate such non-conformance (Notice of Defect) Any Product not in substantial conformance to material Specifications shall be remedied by Pierce within thirty (30) days from the Notice of Defect In the event Pierce does not receive a Notice of Defect within fifteen (15) days of Delivery Product will be deemed to be in conformance with Specifications and Accepted by Customer
9 Notice Any required or permitted notices hereunder must be given in writing at the address of each party set forth below or to such other address as either party may substitute by written notice to the other in the manner contemplated herein by one of the following methods hand delivery registered express or certified mail return receipt requested postage prepaid or nationally-recognized private express courier
Pierce Manufacturing Inc Customer Director ofOrder Management City of San Gabriel 2600 American Drive 425 S Mission Drive Appleton WI 54912 Fax (920) 832-3080
San Gabriel CA 91776 Fax (626) 458-2830
QSD 1398 2 Revised 091102010
10 Standard Warranty Any applicable Pierce warranties are attached hereto as Exhibit B and made a part hereof Any additional warranties must be expressly approved in writing by Pierces authorized representative
a Disclaimer OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT NEITHER PIERCE ITS PARENT COMPANY AFFILIATES SUBSIDIARIES LICENSORS OR SUPPLIERS THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AGENTS OR REPRESENTATIVES MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT WHETHER ORAL OR WRITTEN EXPRESS IMPLIED OR STATUTORY WITHOUT LIMITING THE FOREGOING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY THE IMPLIED WARRANTY AGAINST INFRINGEMENT AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES
b Exclusions of Incidental and Consequential Damages In no event shall Pierce be liable for consequential incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this Agreement or the breach thereof regardless of whether such damages arise out of breach of warranty tort contract strict liability statutory liability indemnity whether resulting from non-delivery or from Pierces own negligence or otherwise
I L Insurance Pierce maintains the following limits of insurance with a carrieres) rated A- or better by AM Best Commercial General Liability Insurance
ProductsCompleted Operations Aggregate $1000000 Each Occurrence $1000000
UmbrellaExcess Liability Insurance Aggregate $25000000 Each Occurrence $25000000
The Customer may request (x) Pierce to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above (y) to be included as an additional insured for Commercial General Liability (subject to the terms and conditions of the applicable Pierce insurance policy) and (z) all policies to provide a 30 day notice of cancellation to the named insured
12 Indemnity The Customer shall indemnify defend and hold harmless Pierce its officers employees dealers agents or subcontractors from any and all claims costs judgments liability loss damage attorneys fees or expenses of any kind or nature whatsoever (including but without limitation personal injury and death) to all property and persons caused by resulting from arising out of or occurring in connection with the Customers purchase installation or use of goods sold or supplied by Pierce which are not caused by the sole negligence ofPierce
13 Force Majeure Pierce shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Pierces control which make Pierces performance impracticable including but not limited to civil wars insurrections strikes riots fires storms floods other acts of nature explosions earthquakes accidents any act of government delays in transportation inability to obtain necessary labor supplies or manufacturing facilities allocation regulations or orders affecting materials equipment facilities or completed products failure to obtain any required license or certificates acts of God or the public enemy or terrorism failure of transportation epidemics quarantine restrictions failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation slowdown or interruption ofwork
14 Default The occurrence of one or more of the following shall constitute a default under this Agreement (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement (b) Pierce fails to perform any of its obligations under this Agreement (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect (e) the Customer dissolves merges consolidates or transfers a substantial portion of its property to another entity or (1) the Customer is in default or has breached any other contract or agreement with Pierce
IS Manufacturers Statement of Origin It is agreed that the manufacturers statement of origin (MSO) for the Product covered by this Agreement shall remain in the possession of Pierce until the entire Purchase Price has been paid If more than one Product is covered by this Agreement then the MSO for each individual Product shall remain in the possession of Pierce
QSD 1398 3 Revised 091102010
until the Purchase Price for that Product has been paid in full In case of any default in payment Pierce may take full possession of the Product and any payments that have been made shall be applied as payment for the use of the Product up to the date oftaking possession
16 Independent Contractors The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner employee agent or joint venturer of or with the other
17 Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval ofthe other party
18 Governing Law Jurisdiction Without regard to any conflict of laws provisions this Agreement is to be governed by and under the laws of the state of Wisconsin
19 Facsimile Signatures The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures
20 Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product Additional or different terms proposed by the Customer shall not be applicable unless accepted in writing by Pierces authorized representative No change in modification of or revision of this Agreement shall be valid unless in writing and signed by Pierces authorized representative
21 Conflict In the event of a conflict between the Customer Specifications and the Pierce Proposal the Pierce Proposal shall control In the event there is a conflict between the Pierce Proposal and this Agreement the Pierce Proposal shall control
22 Signatures This Agreement is not effective unless and until it is approved signed and dated by Pierce Manufacturing Inc s authorized representative
Accepted and agreed to
PIERCE MANUFACTURING INC CUSTOMER CITY OF SAN GABRIEL
Title
Date
4 Revised 0911 02010QSD 1398
EXHIBIT A
PURCHASE DETAIL FORM Pierce Manufacturing Inc
Director ofOrder Management 2600 American Drive Appleton WI 54912 Fax (920) 832-3080
Date October in 2013
Customer Name City ofSan Gabriel Fire Department
Quantity Chassis Type Body Type Price per Unit 1 Quantum Triple Combination
Pumper $58695500
$ $ $ $
Price includes 9 sales tax and 100 prepayment discount of$2068 100
Warranty Period Pierce one year standard umrrnt_____________________
Training Requirements Customer Orientation upon delivery
Other Matters ~1Q~Damp~QlliillOO~~_____________________
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any Pierce available options including chassis models Any addition or deletion may affect the unit price
Payment Terms 100 Prepayment required to exercise the Pre-Payment Discount Prepayment shall be due within 10 days of invoicing from Pierce Manufacturing 100 performance bond will be provided before payment is due If pre-payment option is not exercised the contract amount would equal $60934600
[NOTE If deferred payment ammgements are required the Customer must make such fmancial ammgements through a financial institution acceptable to Pierce] All taxes excises and levies that Pierce may be required to payor collect by reason of any present or future law or by any governmental authority based upon the sale purchase delivery storage processing use consumption or tmnsportation of the Product sold by Pierce to the Customer shall be for the account of the Customer and shall be added to the Purchase Price All delivery prices or prices with freight allowance are based upon prevailing freight rates and in the event ofany increase or decrease in such rates the prices on all unshipped Prnduct will be increased or decreased accordingly Delinquent payments shall be subject to a carrying charge of 15 percent per month or such lesser amount pennitted by law Pierce will not be required to accept payment other than as set fOlth in this Agreement However to avoid a late charge assessment in the event of a dispute caused by a substantial nonconfonnance with matCilal Specifications (other than freight) the Customer may withhold up to five pClCent (5) of the PUIChase Price until such time that Pierce substantially remedies the nonconfonnance with material Specifications but no longer than sixty (60) days after Delivery If the disputed amount is the freight charge the Customer may withhold only the amount of the freight charge until the dispute is settled but no longer than sixty (60) days aftCi Delivery Pierce shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by PielCe or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products In the event of nonpay111Cllt by the Customer of any debt obligation or liability now or hereafter incurred or owing by the CustomCi to Pierce Pierce shall have and may exercise all rights and remedies of a secured party under Atucle 9 of the Vnifonn Conunercial Code (VCC) as adopted by the state of Wisconsin
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF October 7 2013 BETWEEN PIERCE MANUFACTURING INC AND City of San Gabriel WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN AND MADE PART OF TillS
QSD 1398 5 Revised 091 020 10
PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY PIERCE MANUFACTURING INC HEREIN
6QSD 1398
Cily nrSan Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 1011413)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budgeted 2001middot02 2002middot03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-2010 2010-2011 2011middot2012 2012middot2013 2013-2014
Fund Balance Beginning 0 188603 258603 259570 111420 5256 -22470 82530 187530 232530 399035 508035 462845
Revenues Establish Account 100000 0 0 0 0 0 0 0 0 0 0 0 0 Annual Contribution 88603 70000 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
General Fund Loan 200249 217232 0 0 0 0 0 0 0 0 0 0 0 Sub-total 388852 287232 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
Expenditures General Fund Loan Repayment 0 0 0 0 35000 35000 35000 35000 35000 35000 35000 35000 35000
2002 Pierce Engine 178294 180699 0 0 0 0 0 0 0 0 0 0 0 Fire Rescue Tools 21955 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 25101 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 11431 0 0 0 0 0 0 0 0 0 0 0 Mobile Data Equipment 0 0 89033 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 238150 211164 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 0 0 132726 0 0 0 0 0 158190 12801 2014 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 586955 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 200249 217232 89033 238150 246164 167726 35000 35000 35000 35000 35000 193190 634756
Fund Balance Ending 188603 258603 259570 111420 5256 (22470) 82530 187530 232530 399035 508035 462845 (7911)
Notes 2003middot05 Midmiddot Term Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation of a new Fire Engine ($350000)
LAIF Annual Yields 2001middot02 =3445 2002-03 =2152 2003middot04 15322004-05 =22562005middot06 38732006-07 51212007-08 = 4325 2008-09 22242009middot10 2010middot11 0495 2011middot12 = 3822012middot3 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow XT) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of $397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651
furnish Pierce with written notice sufficient to permit Pierce to evaluate such non-conformance (Notice of Defect) Any Product not in substantial conformance to material Specifications shall be remedied by Pierce within thirty (30) days from the Notice of Defect In the event Pierce does not receive a Notice of Defect within fifteen (15) days of Delivery Product will be deemed to be in conformance with Specifications and Accepted by Customer
9 Notice Any required or permitted notices hereunder must be given in writing at the address of each party set forth below or to such other address as either party may substitute by written notice to the other in the manner contemplated herein by one of the following methods hand delivery registered express or certified mail return receipt requested postage prepaid or nationally-recognized private express courier
Pierce Manufacturing Inc Customer Director ofOrder Management City of San Gabriel 2600 American Drive 425 S Mission Drive Appleton WI 54912 Fax (920) 832-3080
San Gabriel CA 91776 Fax (626) 458-2830
QSD 1398 2 Revised 091102010
10 Standard Warranty Any applicable Pierce warranties are attached hereto as Exhibit B and made a part hereof Any additional warranties must be expressly approved in writing by Pierces authorized representative
a Disclaimer OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT NEITHER PIERCE ITS PARENT COMPANY AFFILIATES SUBSIDIARIES LICENSORS OR SUPPLIERS THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AGENTS OR REPRESENTATIVES MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT WHETHER ORAL OR WRITTEN EXPRESS IMPLIED OR STATUTORY WITHOUT LIMITING THE FOREGOING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY THE IMPLIED WARRANTY AGAINST INFRINGEMENT AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES
b Exclusions of Incidental and Consequential Damages In no event shall Pierce be liable for consequential incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this Agreement or the breach thereof regardless of whether such damages arise out of breach of warranty tort contract strict liability statutory liability indemnity whether resulting from non-delivery or from Pierces own negligence or otherwise
I L Insurance Pierce maintains the following limits of insurance with a carrieres) rated A- or better by AM Best Commercial General Liability Insurance
ProductsCompleted Operations Aggregate $1000000 Each Occurrence $1000000
UmbrellaExcess Liability Insurance Aggregate $25000000 Each Occurrence $25000000
The Customer may request (x) Pierce to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above (y) to be included as an additional insured for Commercial General Liability (subject to the terms and conditions of the applicable Pierce insurance policy) and (z) all policies to provide a 30 day notice of cancellation to the named insured
12 Indemnity The Customer shall indemnify defend and hold harmless Pierce its officers employees dealers agents or subcontractors from any and all claims costs judgments liability loss damage attorneys fees or expenses of any kind or nature whatsoever (including but without limitation personal injury and death) to all property and persons caused by resulting from arising out of or occurring in connection with the Customers purchase installation or use of goods sold or supplied by Pierce which are not caused by the sole negligence ofPierce
13 Force Majeure Pierce shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Pierces control which make Pierces performance impracticable including but not limited to civil wars insurrections strikes riots fires storms floods other acts of nature explosions earthquakes accidents any act of government delays in transportation inability to obtain necessary labor supplies or manufacturing facilities allocation regulations or orders affecting materials equipment facilities or completed products failure to obtain any required license or certificates acts of God or the public enemy or terrorism failure of transportation epidemics quarantine restrictions failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation slowdown or interruption ofwork
14 Default The occurrence of one or more of the following shall constitute a default under this Agreement (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement (b) Pierce fails to perform any of its obligations under this Agreement (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect (e) the Customer dissolves merges consolidates or transfers a substantial portion of its property to another entity or (1) the Customer is in default or has breached any other contract or agreement with Pierce
IS Manufacturers Statement of Origin It is agreed that the manufacturers statement of origin (MSO) for the Product covered by this Agreement shall remain in the possession of Pierce until the entire Purchase Price has been paid If more than one Product is covered by this Agreement then the MSO for each individual Product shall remain in the possession of Pierce
QSD 1398 3 Revised 091102010
until the Purchase Price for that Product has been paid in full In case of any default in payment Pierce may take full possession of the Product and any payments that have been made shall be applied as payment for the use of the Product up to the date oftaking possession
16 Independent Contractors The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner employee agent or joint venturer of or with the other
17 Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval ofthe other party
18 Governing Law Jurisdiction Without regard to any conflict of laws provisions this Agreement is to be governed by and under the laws of the state of Wisconsin
19 Facsimile Signatures The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures
20 Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product Additional or different terms proposed by the Customer shall not be applicable unless accepted in writing by Pierces authorized representative No change in modification of or revision of this Agreement shall be valid unless in writing and signed by Pierces authorized representative
21 Conflict In the event of a conflict between the Customer Specifications and the Pierce Proposal the Pierce Proposal shall control In the event there is a conflict between the Pierce Proposal and this Agreement the Pierce Proposal shall control
22 Signatures This Agreement is not effective unless and until it is approved signed and dated by Pierce Manufacturing Inc s authorized representative
Accepted and agreed to
PIERCE MANUFACTURING INC CUSTOMER CITY OF SAN GABRIEL
Title
Date
4 Revised 0911 02010QSD 1398
EXHIBIT A
PURCHASE DETAIL FORM Pierce Manufacturing Inc
Director ofOrder Management 2600 American Drive Appleton WI 54912 Fax (920) 832-3080
Date October in 2013
Customer Name City ofSan Gabriel Fire Department
Quantity Chassis Type Body Type Price per Unit 1 Quantum Triple Combination
Pumper $58695500
$ $ $ $
Price includes 9 sales tax and 100 prepayment discount of$2068 100
Warranty Period Pierce one year standard umrrnt_____________________
Training Requirements Customer Orientation upon delivery
Other Matters ~1Q~Damp~QlliillOO~~_____________________
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any Pierce available options including chassis models Any addition or deletion may affect the unit price
Payment Terms 100 Prepayment required to exercise the Pre-Payment Discount Prepayment shall be due within 10 days of invoicing from Pierce Manufacturing 100 performance bond will be provided before payment is due If pre-payment option is not exercised the contract amount would equal $60934600
[NOTE If deferred payment ammgements are required the Customer must make such fmancial ammgements through a financial institution acceptable to Pierce] All taxes excises and levies that Pierce may be required to payor collect by reason of any present or future law or by any governmental authority based upon the sale purchase delivery storage processing use consumption or tmnsportation of the Product sold by Pierce to the Customer shall be for the account of the Customer and shall be added to the Purchase Price All delivery prices or prices with freight allowance are based upon prevailing freight rates and in the event ofany increase or decrease in such rates the prices on all unshipped Prnduct will be increased or decreased accordingly Delinquent payments shall be subject to a carrying charge of 15 percent per month or such lesser amount pennitted by law Pierce will not be required to accept payment other than as set fOlth in this Agreement However to avoid a late charge assessment in the event of a dispute caused by a substantial nonconfonnance with matCilal Specifications (other than freight) the Customer may withhold up to five pClCent (5) of the PUIChase Price until such time that Pierce substantially remedies the nonconfonnance with material Specifications but no longer than sixty (60) days after Delivery If the disputed amount is the freight charge the Customer may withhold only the amount of the freight charge until the dispute is settled but no longer than sixty (60) days aftCi Delivery Pierce shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by PielCe or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products In the event of nonpay111Cllt by the Customer of any debt obligation or liability now or hereafter incurred or owing by the CustomCi to Pierce Pierce shall have and may exercise all rights and remedies of a secured party under Atucle 9 of the Vnifonn Conunercial Code (VCC) as adopted by the state of Wisconsin
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF October 7 2013 BETWEEN PIERCE MANUFACTURING INC AND City of San Gabriel WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN AND MADE PART OF TillS
QSD 1398 5 Revised 091 020 10
PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY PIERCE MANUFACTURING INC HEREIN
6QSD 1398
Cily nrSan Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 1011413)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budgeted 2001middot02 2002middot03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-2010 2010-2011 2011middot2012 2012middot2013 2013-2014
Fund Balance Beginning 0 188603 258603 259570 111420 5256 -22470 82530 187530 232530 399035 508035 462845
Revenues Establish Account 100000 0 0 0 0 0 0 0 0 0 0 0 0 Annual Contribution 88603 70000 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
General Fund Loan 200249 217232 0 0 0 0 0 0 0 0 0 0 0 Sub-total 388852 287232 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
Expenditures General Fund Loan Repayment 0 0 0 0 35000 35000 35000 35000 35000 35000 35000 35000 35000
2002 Pierce Engine 178294 180699 0 0 0 0 0 0 0 0 0 0 0 Fire Rescue Tools 21955 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 25101 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 11431 0 0 0 0 0 0 0 0 0 0 0 Mobile Data Equipment 0 0 89033 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 238150 211164 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 0 0 132726 0 0 0 0 0 158190 12801 2014 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 586955 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 200249 217232 89033 238150 246164 167726 35000 35000 35000 35000 35000 193190 634756
Fund Balance Ending 188603 258603 259570 111420 5256 (22470) 82530 187530 232530 399035 508035 462845 (7911)
Notes 2003middot05 Midmiddot Term Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation of a new Fire Engine ($350000)
LAIF Annual Yields 2001middot02 =3445 2002-03 =2152 2003middot04 15322004-05 =22562005middot06 38732006-07 51212007-08 = 4325 2008-09 22242009middot10 2010middot11 0495 2011middot12 = 3822012middot3 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow XT) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of $397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651
10 Standard Warranty Any applicable Pierce warranties are attached hereto as Exhibit B and made a part hereof Any additional warranties must be expressly approved in writing by Pierces authorized representative
a Disclaimer OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT NEITHER PIERCE ITS PARENT COMPANY AFFILIATES SUBSIDIARIES LICENSORS OR SUPPLIERS THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AGENTS OR REPRESENTATIVES MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT WHETHER ORAL OR WRITTEN EXPRESS IMPLIED OR STATUTORY WITHOUT LIMITING THE FOREGOING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY THE IMPLIED WARRANTY AGAINST INFRINGEMENT AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES
b Exclusions of Incidental and Consequential Damages In no event shall Pierce be liable for consequential incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this Agreement or the breach thereof regardless of whether such damages arise out of breach of warranty tort contract strict liability statutory liability indemnity whether resulting from non-delivery or from Pierces own negligence or otherwise
I L Insurance Pierce maintains the following limits of insurance with a carrieres) rated A- or better by AM Best Commercial General Liability Insurance
ProductsCompleted Operations Aggregate $1000000 Each Occurrence $1000000
UmbrellaExcess Liability Insurance Aggregate $25000000 Each Occurrence $25000000
The Customer may request (x) Pierce to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above (y) to be included as an additional insured for Commercial General Liability (subject to the terms and conditions of the applicable Pierce insurance policy) and (z) all policies to provide a 30 day notice of cancellation to the named insured
12 Indemnity The Customer shall indemnify defend and hold harmless Pierce its officers employees dealers agents or subcontractors from any and all claims costs judgments liability loss damage attorneys fees or expenses of any kind or nature whatsoever (including but without limitation personal injury and death) to all property and persons caused by resulting from arising out of or occurring in connection with the Customers purchase installation or use of goods sold or supplied by Pierce which are not caused by the sole negligence ofPierce
13 Force Majeure Pierce shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Pierces control which make Pierces performance impracticable including but not limited to civil wars insurrections strikes riots fires storms floods other acts of nature explosions earthquakes accidents any act of government delays in transportation inability to obtain necessary labor supplies or manufacturing facilities allocation regulations or orders affecting materials equipment facilities or completed products failure to obtain any required license or certificates acts of God or the public enemy or terrorism failure of transportation epidemics quarantine restrictions failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation slowdown or interruption ofwork
14 Default The occurrence of one or more of the following shall constitute a default under this Agreement (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement (b) Pierce fails to perform any of its obligations under this Agreement (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect (e) the Customer dissolves merges consolidates or transfers a substantial portion of its property to another entity or (1) the Customer is in default or has breached any other contract or agreement with Pierce
IS Manufacturers Statement of Origin It is agreed that the manufacturers statement of origin (MSO) for the Product covered by this Agreement shall remain in the possession of Pierce until the entire Purchase Price has been paid If more than one Product is covered by this Agreement then the MSO for each individual Product shall remain in the possession of Pierce
QSD 1398 3 Revised 091102010
until the Purchase Price for that Product has been paid in full In case of any default in payment Pierce may take full possession of the Product and any payments that have been made shall be applied as payment for the use of the Product up to the date oftaking possession
16 Independent Contractors The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner employee agent or joint venturer of or with the other
17 Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval ofthe other party
18 Governing Law Jurisdiction Without regard to any conflict of laws provisions this Agreement is to be governed by and under the laws of the state of Wisconsin
19 Facsimile Signatures The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures
20 Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product Additional or different terms proposed by the Customer shall not be applicable unless accepted in writing by Pierces authorized representative No change in modification of or revision of this Agreement shall be valid unless in writing and signed by Pierces authorized representative
21 Conflict In the event of a conflict between the Customer Specifications and the Pierce Proposal the Pierce Proposal shall control In the event there is a conflict between the Pierce Proposal and this Agreement the Pierce Proposal shall control
22 Signatures This Agreement is not effective unless and until it is approved signed and dated by Pierce Manufacturing Inc s authorized representative
Accepted and agreed to
PIERCE MANUFACTURING INC CUSTOMER CITY OF SAN GABRIEL
Title
Date
4 Revised 0911 02010QSD 1398
EXHIBIT A
PURCHASE DETAIL FORM Pierce Manufacturing Inc
Director ofOrder Management 2600 American Drive Appleton WI 54912 Fax (920) 832-3080
Date October in 2013
Customer Name City ofSan Gabriel Fire Department
Quantity Chassis Type Body Type Price per Unit 1 Quantum Triple Combination
Pumper $58695500
$ $ $ $
Price includes 9 sales tax and 100 prepayment discount of$2068 100
Warranty Period Pierce one year standard umrrnt_____________________
Training Requirements Customer Orientation upon delivery
Other Matters ~1Q~Damp~QlliillOO~~_____________________
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any Pierce available options including chassis models Any addition or deletion may affect the unit price
Payment Terms 100 Prepayment required to exercise the Pre-Payment Discount Prepayment shall be due within 10 days of invoicing from Pierce Manufacturing 100 performance bond will be provided before payment is due If pre-payment option is not exercised the contract amount would equal $60934600
[NOTE If deferred payment ammgements are required the Customer must make such fmancial ammgements through a financial institution acceptable to Pierce] All taxes excises and levies that Pierce may be required to payor collect by reason of any present or future law or by any governmental authority based upon the sale purchase delivery storage processing use consumption or tmnsportation of the Product sold by Pierce to the Customer shall be for the account of the Customer and shall be added to the Purchase Price All delivery prices or prices with freight allowance are based upon prevailing freight rates and in the event ofany increase or decrease in such rates the prices on all unshipped Prnduct will be increased or decreased accordingly Delinquent payments shall be subject to a carrying charge of 15 percent per month or such lesser amount pennitted by law Pierce will not be required to accept payment other than as set fOlth in this Agreement However to avoid a late charge assessment in the event of a dispute caused by a substantial nonconfonnance with matCilal Specifications (other than freight) the Customer may withhold up to five pClCent (5) of the PUIChase Price until such time that Pierce substantially remedies the nonconfonnance with material Specifications but no longer than sixty (60) days after Delivery If the disputed amount is the freight charge the Customer may withhold only the amount of the freight charge until the dispute is settled but no longer than sixty (60) days aftCi Delivery Pierce shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by PielCe or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products In the event of nonpay111Cllt by the Customer of any debt obligation or liability now or hereafter incurred or owing by the CustomCi to Pierce Pierce shall have and may exercise all rights and remedies of a secured party under Atucle 9 of the Vnifonn Conunercial Code (VCC) as adopted by the state of Wisconsin
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF October 7 2013 BETWEEN PIERCE MANUFACTURING INC AND City of San Gabriel WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN AND MADE PART OF TillS
QSD 1398 5 Revised 091 020 10
PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY PIERCE MANUFACTURING INC HEREIN
6QSD 1398
Cily nrSan Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 1011413)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budgeted 2001middot02 2002middot03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-2010 2010-2011 2011middot2012 2012middot2013 2013-2014
Fund Balance Beginning 0 188603 258603 259570 111420 5256 -22470 82530 187530 232530 399035 508035 462845
Revenues Establish Account 100000 0 0 0 0 0 0 0 0 0 0 0 0 Annual Contribution 88603 70000 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
General Fund Loan 200249 217232 0 0 0 0 0 0 0 0 0 0 0 Sub-total 388852 287232 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
Expenditures General Fund Loan Repayment 0 0 0 0 35000 35000 35000 35000 35000 35000 35000 35000 35000
2002 Pierce Engine 178294 180699 0 0 0 0 0 0 0 0 0 0 0 Fire Rescue Tools 21955 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 25101 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 11431 0 0 0 0 0 0 0 0 0 0 0 Mobile Data Equipment 0 0 89033 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 238150 211164 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 0 0 132726 0 0 0 0 0 158190 12801 2014 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 586955 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 200249 217232 89033 238150 246164 167726 35000 35000 35000 35000 35000 193190 634756
Fund Balance Ending 188603 258603 259570 111420 5256 (22470) 82530 187530 232530 399035 508035 462845 (7911)
Notes 2003middot05 Midmiddot Term Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation of a new Fire Engine ($350000)
LAIF Annual Yields 2001middot02 =3445 2002-03 =2152 2003middot04 15322004-05 =22562005middot06 38732006-07 51212007-08 = 4325 2008-09 22242009middot10 2010middot11 0495 2011middot12 = 3822012middot3 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow XT) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of $397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651
until the Purchase Price for that Product has been paid in full In case of any default in payment Pierce may take full possession of the Product and any payments that have been made shall be applied as payment for the use of the Product up to the date oftaking possession
16 Independent Contractors The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner employee agent or joint venturer of or with the other
17 Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval ofthe other party
18 Governing Law Jurisdiction Without regard to any conflict of laws provisions this Agreement is to be governed by and under the laws of the state of Wisconsin
19 Facsimile Signatures The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures
20 Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product Additional or different terms proposed by the Customer shall not be applicable unless accepted in writing by Pierces authorized representative No change in modification of or revision of this Agreement shall be valid unless in writing and signed by Pierces authorized representative
21 Conflict In the event of a conflict between the Customer Specifications and the Pierce Proposal the Pierce Proposal shall control In the event there is a conflict between the Pierce Proposal and this Agreement the Pierce Proposal shall control
22 Signatures This Agreement is not effective unless and until it is approved signed and dated by Pierce Manufacturing Inc s authorized representative
Accepted and agreed to
PIERCE MANUFACTURING INC CUSTOMER CITY OF SAN GABRIEL
Title
Date
4 Revised 0911 02010QSD 1398
EXHIBIT A
PURCHASE DETAIL FORM Pierce Manufacturing Inc
Director ofOrder Management 2600 American Drive Appleton WI 54912 Fax (920) 832-3080
Date October in 2013
Customer Name City ofSan Gabriel Fire Department
Quantity Chassis Type Body Type Price per Unit 1 Quantum Triple Combination
Pumper $58695500
$ $ $ $
Price includes 9 sales tax and 100 prepayment discount of$2068 100
Warranty Period Pierce one year standard umrrnt_____________________
Training Requirements Customer Orientation upon delivery
Other Matters ~1Q~Damp~QlliillOO~~_____________________
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any Pierce available options including chassis models Any addition or deletion may affect the unit price
Payment Terms 100 Prepayment required to exercise the Pre-Payment Discount Prepayment shall be due within 10 days of invoicing from Pierce Manufacturing 100 performance bond will be provided before payment is due If pre-payment option is not exercised the contract amount would equal $60934600
[NOTE If deferred payment ammgements are required the Customer must make such fmancial ammgements through a financial institution acceptable to Pierce] All taxes excises and levies that Pierce may be required to payor collect by reason of any present or future law or by any governmental authority based upon the sale purchase delivery storage processing use consumption or tmnsportation of the Product sold by Pierce to the Customer shall be for the account of the Customer and shall be added to the Purchase Price All delivery prices or prices with freight allowance are based upon prevailing freight rates and in the event ofany increase or decrease in such rates the prices on all unshipped Prnduct will be increased or decreased accordingly Delinquent payments shall be subject to a carrying charge of 15 percent per month or such lesser amount pennitted by law Pierce will not be required to accept payment other than as set fOlth in this Agreement However to avoid a late charge assessment in the event of a dispute caused by a substantial nonconfonnance with matCilal Specifications (other than freight) the Customer may withhold up to five pClCent (5) of the PUIChase Price until such time that Pierce substantially remedies the nonconfonnance with material Specifications but no longer than sixty (60) days after Delivery If the disputed amount is the freight charge the Customer may withhold only the amount of the freight charge until the dispute is settled but no longer than sixty (60) days aftCi Delivery Pierce shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by PielCe or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products In the event of nonpay111Cllt by the Customer of any debt obligation or liability now or hereafter incurred or owing by the CustomCi to Pierce Pierce shall have and may exercise all rights and remedies of a secured party under Atucle 9 of the Vnifonn Conunercial Code (VCC) as adopted by the state of Wisconsin
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF October 7 2013 BETWEEN PIERCE MANUFACTURING INC AND City of San Gabriel WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN AND MADE PART OF TillS
QSD 1398 5 Revised 091 020 10
PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY PIERCE MANUFACTURING INC HEREIN
6QSD 1398
Cily nrSan Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 1011413)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budgeted 2001middot02 2002middot03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-2010 2010-2011 2011middot2012 2012middot2013 2013-2014
Fund Balance Beginning 0 188603 258603 259570 111420 5256 -22470 82530 187530 232530 399035 508035 462845
Revenues Establish Account 100000 0 0 0 0 0 0 0 0 0 0 0 0 Annual Contribution 88603 70000 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
General Fund Loan 200249 217232 0 0 0 0 0 0 0 0 0 0 0 Sub-total 388852 287232 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
Expenditures General Fund Loan Repayment 0 0 0 0 35000 35000 35000 35000 35000 35000 35000 35000 35000
2002 Pierce Engine 178294 180699 0 0 0 0 0 0 0 0 0 0 0 Fire Rescue Tools 21955 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 25101 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 11431 0 0 0 0 0 0 0 0 0 0 0 Mobile Data Equipment 0 0 89033 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 238150 211164 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 0 0 132726 0 0 0 0 0 158190 12801 2014 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 586955 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 200249 217232 89033 238150 246164 167726 35000 35000 35000 35000 35000 193190 634756
Fund Balance Ending 188603 258603 259570 111420 5256 (22470) 82530 187530 232530 399035 508035 462845 (7911)
Notes 2003middot05 Midmiddot Term Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation of a new Fire Engine ($350000)
LAIF Annual Yields 2001middot02 =3445 2002-03 =2152 2003middot04 15322004-05 =22562005middot06 38732006-07 51212007-08 = 4325 2008-09 22242009middot10 2010middot11 0495 2011middot12 = 3822012middot3 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow XT) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of $397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651
EXHIBIT A
PURCHASE DETAIL FORM Pierce Manufacturing Inc
Director ofOrder Management 2600 American Drive Appleton WI 54912 Fax (920) 832-3080
Date October in 2013
Customer Name City ofSan Gabriel Fire Department
Quantity Chassis Type Body Type Price per Unit 1 Quantum Triple Combination
Pumper $58695500
$ $ $ $
Price includes 9 sales tax and 100 prepayment discount of$2068 100
Warranty Period Pierce one year standard umrrnt_____________________
Training Requirements Customer Orientation upon delivery
Other Matters ~1Q~Damp~QlliillOO~~_____________________
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any Pierce available options including chassis models Any addition or deletion may affect the unit price
Payment Terms 100 Prepayment required to exercise the Pre-Payment Discount Prepayment shall be due within 10 days of invoicing from Pierce Manufacturing 100 performance bond will be provided before payment is due If pre-payment option is not exercised the contract amount would equal $60934600
[NOTE If deferred payment ammgements are required the Customer must make such fmancial ammgements through a financial institution acceptable to Pierce] All taxes excises and levies that Pierce may be required to payor collect by reason of any present or future law or by any governmental authority based upon the sale purchase delivery storage processing use consumption or tmnsportation of the Product sold by Pierce to the Customer shall be for the account of the Customer and shall be added to the Purchase Price All delivery prices or prices with freight allowance are based upon prevailing freight rates and in the event ofany increase or decrease in such rates the prices on all unshipped Prnduct will be increased or decreased accordingly Delinquent payments shall be subject to a carrying charge of 15 percent per month or such lesser amount pennitted by law Pierce will not be required to accept payment other than as set fOlth in this Agreement However to avoid a late charge assessment in the event of a dispute caused by a substantial nonconfonnance with matCilal Specifications (other than freight) the Customer may withhold up to five pClCent (5) of the PUIChase Price until such time that Pierce substantially remedies the nonconfonnance with material Specifications but no longer than sixty (60) days after Delivery If the disputed amount is the freight charge the Customer may withhold only the amount of the freight charge until the dispute is settled but no longer than sixty (60) days aftCi Delivery Pierce shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by PielCe or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products In the event of nonpay111Cllt by the Customer of any debt obligation or liability now or hereafter incurred or owing by the CustomCi to Pierce Pierce shall have and may exercise all rights and remedies of a secured party under Atucle 9 of the Vnifonn Conunercial Code (VCC) as adopted by the state of Wisconsin
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF October 7 2013 BETWEEN PIERCE MANUFACTURING INC AND City of San Gabriel WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN AND MADE PART OF TillS
QSD 1398 5 Revised 091 020 10
PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY PIERCE MANUFACTURING INC HEREIN
6QSD 1398
Cily nrSan Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 1011413)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budgeted 2001middot02 2002middot03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-2010 2010-2011 2011middot2012 2012middot2013 2013-2014
Fund Balance Beginning 0 188603 258603 259570 111420 5256 -22470 82530 187530 232530 399035 508035 462845
Revenues Establish Account 100000 0 0 0 0 0 0 0 0 0 0 0 0 Annual Contribution 88603 70000 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
General Fund Loan 200249 217232 0 0 0 0 0 0 0 0 0 0 0 Sub-total 388852 287232 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
Expenditures General Fund Loan Repayment 0 0 0 0 35000 35000 35000 35000 35000 35000 35000 35000 35000
2002 Pierce Engine 178294 180699 0 0 0 0 0 0 0 0 0 0 0 Fire Rescue Tools 21955 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 25101 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 11431 0 0 0 0 0 0 0 0 0 0 0 Mobile Data Equipment 0 0 89033 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 238150 211164 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 0 0 132726 0 0 0 0 0 158190 12801 2014 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 586955 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 200249 217232 89033 238150 246164 167726 35000 35000 35000 35000 35000 193190 634756
Fund Balance Ending 188603 258603 259570 111420 5256 (22470) 82530 187530 232530 399035 508035 462845 (7911)
Notes 2003middot05 Midmiddot Term Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation of a new Fire Engine ($350000)
LAIF Annual Yields 2001middot02 =3445 2002-03 =2152 2003middot04 15322004-05 =22562005middot06 38732006-07 51212007-08 = 4325 2008-09 22242009middot10 2010middot11 0495 2011middot12 = 3822012middot3 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow XT) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of $397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651
PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY PIERCE MANUFACTURING INC HEREIN
6QSD 1398
Cily nrSan Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 1011413)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budgeted 2001middot02 2002middot03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-2010 2010-2011 2011middot2012 2012middot2013 2013-2014
Fund Balance Beginning 0 188603 258603 259570 111420 5256 -22470 82530 187530 232530 399035 508035 462845
Revenues Establish Account 100000 0 0 0 0 0 0 0 0 0 0 0 0 Annual Contribution 88603 70000 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
General Fund Loan 200249 217232 0 0 0 0 0 0 0 0 0 0 0 Sub-total 388852 287232 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
Expenditures General Fund Loan Repayment 0 0 0 0 35000 35000 35000 35000 35000 35000 35000 35000 35000
2002 Pierce Engine 178294 180699 0 0 0 0 0 0 0 0 0 0 0 Fire Rescue Tools 21955 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 25101 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 11431 0 0 0 0 0 0 0 0 0 0 0 Mobile Data Equipment 0 0 89033 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 238150 211164 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 0 0 132726 0 0 0 0 0 158190 12801 2014 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 586955 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 200249 217232 89033 238150 246164 167726 35000 35000 35000 35000 35000 193190 634756
Fund Balance Ending 188603 258603 259570 111420 5256 (22470) 82530 187530 232530 399035 508035 462845 (7911)
Notes 2003middot05 Midmiddot Term Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation of a new Fire Engine ($350000)
LAIF Annual Yields 2001middot02 =3445 2002-03 =2152 2003middot04 15322004-05 =22562005middot06 38732006-07 51212007-08 = 4325 2008-09 22242009middot10 2010middot11 0495 2011middot12 = 3822012middot3 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow XT) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of $397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651
Cily nrSan Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 1011413)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budgeted 2001middot02 2002middot03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-2010 2010-2011 2011middot2012 2012middot2013 2013-2014
Fund Balance Beginning 0 188603 258603 259570 111420 5256 -22470 82530 187530 232530 399035 508035 462845
Revenues Establish Account 100000 0 0 0 0 0 0 0 0 0 0 0 0 Annual Contribution 88603 70000 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
General Fund Loan 200249 217232 0 0 0 0 0 0 0 0 0 0 0 Sub-total 388852 287232 90000 90000 140000 140000 140000 140000 80000 201505 144000 148000 164000
Expenditures General Fund Loan Repayment 0 0 0 0 35000 35000 35000 35000 35000 35000 35000 35000 35000
2002 Pierce Engine 178294 180699 0 0 0 0 0 0 0 0 0 0 0 Fire Rescue Tools 21955 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 25101 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 11431 0 0 0 0 0 0 0 0 0 0 0 Mobile Data Equipment 0 0 89033 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 238150 211164 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 0 0 132726 0 0 0 0 0 158190 12801 2014 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 586955 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 200249 217232 89033 238150 246164 167726 35000 35000 35000 35000 35000 193190 634756
Fund Balance Ending 188603 258603 259570 111420 5256 (22470) 82530 187530 232530 399035 508035 462845 (7911)
Notes 2003middot05 Midmiddot Term Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation of a new Fire Engine ($350000)
LAIF Annual Yields 2001middot02 =3445 2002-03 =2152 2003middot04 15322004-05 =22562005middot06 38732006-07 51212007-08 = 4325 2008-09 22242009middot10 2010middot11 0495 2011middot12 = 3822012middot3 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow XT) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of $397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651
City of San Gabriel Fire Engines Ambulances and Urban Search and Rescue Funding Analysis (Revised 101413)
Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted 2014-2015 2015-2016 2016-2017 2017-2018 2j18-2g19 2j1 9-2j20 2020-2021 2021-2022 2g22-202J 2g23-2024 2024-2025 202i-2026 1Q26-2027
Fund Balance Beginning (7911) 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608
Revenues Establish Account 0 0 0 0 0 0 0 0 0 0 0 0 0
Annual Contribution 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
General Fund Loan 0 a 0 0 0 0 0 0 0 0 a 0 0 Sub-total 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000 164000
Expenditures General Fund Loan Repayment 35000 35000 32481 0 0 0 0 0 0 0 0 0 0 2002 Pierce Engine 0 0 0 0 0 0 0 0 0 0 0 0 0 Fire Resue Tools 0 0 0 0 0 0 0 0 0 0 0 0 0 Additional Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Breathing Apparatus 0 0 0 0 0 0 0 0 0 0 0 0 0
Mobile Data Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 2005 Pierce Quantum 0 0 0 0 0 0 0 0 0 0 0 0 0 Rescue Ambulance 0 0 0 200000 0 0 0 0 225000 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 0 0 0 0 0 0 0 0 Future Pierce Fire Engines 0 0 0 0 0 650000 0 0 0 0 0 150000 0 Future Pierce USAR 0 0 0 0 0 0 0 0 0 0 0 0 0
Sub-total 35000 35000 32481 200000 0 650000 0 0 225000 0 0 750000 0
Fund Balance Ending 121089 250089 381608 345608 509608 23608 187608 351608 290608 454608 618608 32608 196608
Notes 2003-05 Mid-Tenn Budget Review eliminated an appropriation for an Ambualance ($125000) and provided an appropriation ofa new Fire Engine ($350000)
LAIF Annual Yields 2001-02 = 3445 2002-03 = 21522003-04 = 15322004-05 = 2256 2005-06 = 3873 2006-07 = 5121 2007-08 = 43252008-09 2224 2009-10 2010-11 ~ 0495 2011-12 = 382 2012-13 = 0307 Fire Engine Life Expenctancy = 12 years (Front Line) 6 Years (Reserve) Ambulance Life Expectancy = 5 years (Front Line) 5 Years (Reserve) Urban Search and Rescue (Pierce Arrow Xl) has no replacement funding plan in place Original purchase funded by Homeland Security Grant of$397509
0651